Back to search

Does an oath of divorce take effect due to breaking an oath not to communicate with someone who had revealed a secret, knowing that communication might lead to family problems such as the cancellation of a marriage?

1 min readAlso available in العربية

The fatwa we adhere to is that an oath sworn by divorce results in divorce upon breaking it, whether the intent behind it was divorce, threat, prevention, urging, or emphasis. This is the view of the majority of scholars. The occurrence of breaking your oath depends on your intention at the time of swearing it:

- If you intended a specific time to contact the man, then if you exceeded that time without contacting him, divorce occurs. - However, if you did not intend a specific time, then the oath is not broken until the last possible time has passed, which is the time of one of your deaths. The Malikis hold that if the swearer resolves not to do what was sworn upon, the oath is broken immediately upon forming that resolve.

If divorce occurs and it does not complete three divorces, you may reconcile with your wife before her 'iddah (waiting period) expires.

According to Shaykh al-Islam Ibn Taymiyyah - may Allah have mercy on him - if you swore an oath not with the intention of divorce but with the intention of emphasis, then you may refrain from contacting the man, and divorce is not binding on you. However, an expiation for an oath becomes incumbent upon you.

We advise you to avoid swearing oaths by divorce in the future.

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

Read the full answer on Ftawy