Is a divorce considered valid if uttered with the words, "By divorce, if it rings and you do not answer me again, then you are divorced," with the intention of intimidation and in a state of anger?
The majority of scholars hold that whoever swears an oath by divorce and then breaks it, his wife is divorced, whether he intended divorce or merely a threat. Sheikh al-Islam Ibn Taymiyyah disagreed, considering one who swears by divorce for the purpose of threat or emphasis to be like one who swears by Allah; he is obligated to pay an expiation for an oath and the divorce does not occur. The issued is based on the opinion of the majority. Therefore, if you divorced your wife over the phone and she did not respond, her divorce has occurred. If it does not complete three divorces, you may take her back during her ' (waiting period). Anger does not prevent the enforcement of divorce unless it completely incapacitates one's awareness. The lawful oath is to swear by Allah, whereas swearing by divorce is among the oaths of the dissolute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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