Does a divorce occur if a man says to his wife: "I swear by Almighty God that I will not speak to so-and-so or any woman outside the scope of work, and if I do, then you are divorced," knowing that he swore under duress for reconciliation? And does expiation for breaking an oath become obligatory upon him?
The husband's statement, "I swear by Allah Almighty that I will not speak to so-and-so woman or any woman outside the scope of work, and if I do, then you are divorced," entails two matters: an oath by Allah Almighty, and a conditional divorce. If the husband breaks his oath, expiation for the oath becomes obligatory upon him. The majority of jurists hold that divorce occurs when the condition is met. It is not possible to retract this condition once the conditional divorce has been issued.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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