Question
Question: Does laghw apply to swearing by divorce and “ḥarām”?
Answer
Answer—and Allah grants success: The outward sense of His saying—“Allah will not call you to account for idle [unintentional] oaths, but He will call you to account for what your hearts have earned” [Al-Baqarah:225]—suggests that laghw does enter oaths by divorce, insofar as accountability is tied to what hearts acquire. If the heart neither deliberately intends divorce nor means it, but the phrase simply runs off the tongue—as the Name of Allah often does in debate and discussion, with one saying: “Yes, by Allah; indeed, by Allah, I did it, by Allah,” and so forth—if we interpret laghw as such utterances that occur without intending an oath, merely as part of the community’s dialect and language.
Even so, a Muslim should avoid swearing by divorce, and purify his tongue from mentioning it. Reports have come from the Prophet (May Allah bless him and his family and grant them peace) warning against swearing by divorce.
As for the madhhab: it holds that laghw does not enter here. And Allah knows best. Praise be to Allah, Lord of the worlds.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1
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