What is the expiation for an oath of divorce for a husband who swore to his wife that she would not do a certain thing, and is it counted as a divorce, and is it permissible to fast as an alternative if one is unable to pay money?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the husband makes his wife's divorce contingent upon her doing something, the way to avoid the divorce is for the wife not to do that thing. If she does it, divorce occurs according to the majority of scholars. However, according to Sheikh Al-Islam Ibn Taymiyyah, if he did not intend divorce, he is liable for an expiation for a broken oath (kaffarat ). The husband cannot retract this contingent divorce. According to the majority, an oath of divorce is dissolved upon the occurrence of the breach, and the husband can take his wife back if this is not the third divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 114765
- 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