Does the husband's oath of divorce to his wife, by saying: "Divorce be upon me if I do not divorce you" after she leaves the house without his permission, take effect? And what is the ruling on the wife returning to him if the divorce takes effect, knowing that the husband said it in a moment of anger?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The husband's statement, "By divorce, I shall divorce you," is a conditional divorce, and it has details:
- If he intended a threat or to urge himself to divorce, then its ruling is that of an oath. If he does not divorce, he must pay an expiation for an oath (kaffarat ).
- If by his statement, "By divorce," he intended that divorce would befall him if he did not divorce, then one divorce occurs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/9975
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 9975
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy