Does a divorce occur if the maternal uncle swears by divorce that he will not come, and then he comes?
This is a conditional divorce. If the condition sworn to by the maternal uncle is met, the divorce takes effect according to the majority of scholars, even if he did not intend divorce. However, Ibn Taymiyyah held that the divorce does not take effect if the husband did not intend it, and he is obligated to offer an expiation for breaking an oath.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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