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Is it considered a divorce if the husband brings kindergarten money home after he swore to divorce in a state of anger?

1 min readAlso available in العربية

Anger does not prevent the occurrence of divorce as long as the person is aware of what he is saying. Scholars have differed regarding the ruling on swearing by divorce if it is intended as a threat. The majority hold that divorce occurs when the sworn-upon event takes place, whereas Sheikh al-Islam Ibn Taymiyyah is of the opinion that its ruling is the same as swearing by Allah, and the one who swears must offer expiation for an oath (kaffarat yamin).

Therefore, if you swore by divorce while you were conscious and aware, then your wife is divorced if you bring the money home. You can take her back if it was the first or second divorce and before her waiting period (iddah) expires. It is advised to avoid swearing by divorce due to the established prohibition against it.

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Ftawy
Original fatwa ID
120276
Imported
Translation status
Source text, unreviewed
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