Does a divorce occur if a man swears to his wife by divorce that she will not uncover her face, with the intention of preventing her from being lenient in uncovering her face, and does the self-talk after the oath, that she is not divorced, annul this oath?
Conditioning divorce on an action results in divorce according to the majority of scholars. However, Ibn Taymiyyah holds that if the intention is to urge or prevent, then divorce does not occur; instead, it becomes an oath requiring an expiation for an oath. It is not permissible for someone who has conditioned a divorce to retract their conditioning, unless their intention contradicts the apparent meaning of the wording, or the reason for which the divorce was conditioned has ceased to exist. The determining factor in an oath is the intention of the swearer or the reason that led them to swear. Accordingly, if a man says to his wife: "If you leave the house without my permission, then you are divorced," or "If you do not stand up and greet so-and-so within five minutes, then you are divorced," the determining factor is his intention. Similarly, conditioning divorce on her insulting him is subject to the same ruling, and he knows best what he considers an insult. The questioner is advised to refer to the Sharia courts in their country.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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