Is divorce effected by the repeated utterance of "haram and divorce" or "divorce be upon me" without the occurrence of what was sworn upon? And is that considered a single divorce or multiple divorces? And what is the ruling on the continuation of marital life in this case? And is cursing, spitting, or extreme verbal abuse from the husband to his wife considered a divorce? And does divorce occur in a state of anger?
The default ruling is that it is not permissible for a Muslim to swear by anyone other than Allah Almighty, and swearing by divorce is a transgression (fisq). A Muslim must avoid this type of oath because it is a sin, it corrupts the wife's bond, and divorce takes effect whether intended seriously or in jest. Whoever swears by divorce and breaks their oath, the divorce takes effect. This is according to the majority of scholars. However, Shaykh al-Islam Ibn Taymiyyah is of the opinion that if one intends by swearing by divorce merely a threat without the intention of divorce, then an expiation for an oath (kaffarat yameen) is required. If the divorce takes effect, the husband is permitted to take his wife back as long as she is within her waiting period (iddah) and the divorce has not reached three pronouncements. As for divorce by cursing and expressing disgust (ta'affuf), there are two opinions among scholars: the first is that nothing takes effect by it, and the second is that it does take effect.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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