What is the legal implication if a person says, 'I swore by divorce' or 'I have an oath concerning divorce,' but never actually swore?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a person states, 'I swore by divorce' or 'I have an oath concerning divorce' without having actually sworn, nothing is incurred upon him before God Almighty. However, what he admitted to shall be upheld in the ruling (court). This view is mentioned by Al-Qadi and Abu Al-Khattab. The primary view holds that this statement is merely a report about swearing, and if it is a lie, the speaker does not become one who has sworn, similar to stating falsely, 'I swore by Allah.' Abu Bakr favored holding the speaker accountable for what he admitted in court.
Supporting text
A narration from Muhammad bin Al-Hakam, following Ahmad, states that if a man says, 'I swore by divorce' without having sworn, it is considered a lie, and no oath is incumbent upon him. Another narration attributed to Ahmad suggests that divorce is incurred, and the matter reverts to his intention regarding whether he meant one or three divorces. Al-Qadi interprets Ahmad's statement about divorce being incurred as applying only in court, potentially suggesting it occurs if he intended divorce by that statement, treating it as an allusion (kinayah) to divorce. If the intent was falsehood, no divorce occurs because the phrasing is not explicit for divorce, nor was divorce intended, thus it is treated like other ambiguous phrases without intent.