Is the aforementioned text considered an oath or a divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
We have previously clarified the scholarly disagreement regarding swearing an oath by divorce, whether it is a conditional divorce that takes effect upon breaking the oath, or an oath that requires expiation if the person breaks it. It appears from the question that the husband's statement: "You are divorced in any case, whether you return to my house or not" is considered an immediate, enforceable divorce, as it is explicit and directed at the wife. He may take her back before her waiting period () ends, provided this divorce does not complete the three divorces.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/116555
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- Ftawy
- Original fatwa ID
- 116555
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy