Does divorce occur if the father breaks his repeated oath of divorce concerning his wife and children in matters that are difficult to obey him in?
Lawful oaths are sworn by Allah Almighty. As for swearing an oath by divorce, it is among the oaths of the dissolute. If a father swears an oath by divorce to his wife and she forgets what he swore about, scholars have differed regarding the occurrence of divorce in this case, and some meticulous scholars do not consider it to occur. However, if a father swears an oath to his children not to do something, and they do what he intended by his oath, then the divorce occurs. This is the view of the majority of scholars who believe that swearing by divorce results in divorce upon breaking the oath, and this is the prevalent fatwa. This is contrary to the view of Sheikh al-Islam Ibn Taymiyyah, who holds that the ruling on swearing by divorce, when it is not intended to be a contingent divorce but rather a threat or an affirmation, is the same as the ruling on swearing by Allah; thus, if the oath is broken, an expiation for an oath is required. Since the matter is subject to scholarly disagreement, it must be presented to a Sharia court or trusted scholars. The right of a parent is great, and it is obligatory to honor them and accompany them with kindness. Part of honoring them is advising them and enjoining good upon them and forbidding evil from them with gentleness and respect.
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