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The question

What is the ruling on swearing an oath by divorce to ascertain something said in one’s absence, with the intention of not divorcing, and then disclosing the secret?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that swearing by divorce results in the occurrence of divorce upon breaking the oath. This is the relied-upon opinion, contrary to Ibn Taymiyyah, who views it as akin to an oath by Allah, requiring an expiation for an oath. Based on the opinion of the majority, if you swore by divorce that you would not tell anyone a specific piece of information and then you told it, you have broken your oath and your wife’s divorce has occurred, whether you knew about it or not. If this divorce is the first or second, you can reconcile with your wife before her ' (waiting period) ends. However, if it completes the three divorces, your wife has become irrevocably divorced from you (bainunah kubra), and she is not lawful for you unless she marries another man, he consummates the marriage with her, and then he divorces her or dies, and her 'iddah expires. We advise against swearing by divorce.

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Ftawy
Original fatwa ID
129767
Imported
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Source text, unreviewed
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