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What is the ruling on the oath of divorce issued by the husband to his wife: "Divorce upon me, you will take unpaid leave from work, and you will return at my discretion," if the wife has taken two weeks of paid leave as a punishment, and does divorce occur if the wife receives a salary during the leave period, or must the salary be donated to avoid the occurrence of divorce, especially since the wife is pregnant and at risk of losing her job?

1 min readAlso available in العربية

Swearing by divorce falls under the category of conditional divorce, and according to the majority of scholars, it cannot be revoked. The majority of jurists hold that divorce occurs upon the fulfillment of the condition sworn upon, whether the husband intended divorce or merely a threat.

If a husband conditions his wife's divorce upon the performance of two or more actions, the divorce does not occur until all these actions are fulfilled. In the mentioned case, the breach of the oath occurs if the wife takes unpaid leave and returns to work without the husband's consent.

If the husband specifies a certain time, divorce occurs upon the breach of the oath at that time. However, if he does not specify a time, the time of the divorce's occurrence is the last possible moment, which is at death.

A wife taking paid leave does not fulfill the oath unless the husband intended that she should not benefit from the salary. The issue of her returning to work remains, as intentionخصص (specifies) and restricts the oath.

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

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