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Does divorce take place with the utterance "Upon me be divorce" if it is issued by the husband unintentionally, and during the period of the marriage contract before consummation, bearing in mind that the husband now has two children with this wife?

1 min readAlso available in العربية

"Whoever swears by divorce falsely and deliberately, then divorce occurs according to the majority of jurists. Some scholars, like Ibn Taymiyyah, held that divorce does not occur for one who swears by divorce falsely. He said: 'And whoever swears by divorce falsely, knowing his own falsehood, his wife is not divorced, and he is not required to offer an expiation for an oath.'

Since you have consummated your marriage and years have passed since the wedding, there is no harm in adopting the view of Ibn Taymiyyah that divorce does not occur; because leniency in such circumstances is permissible.

And according to the view that divorce occurs, the preponderant opinion is that your divorce is revocable as long as you have consummated your marriage correctly, and reconciliation is achieved simply by your having intercourse with her before the expiration of the waiting period."

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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