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The question

What is the ruling on someone who said to his wife, "Divorce be upon me if you don't shut up, I won't send items she bought for her brothers," then said to her after she didn't shut up, "Divorce be upon me, I won't send them," while intending to send them to appease her? Is expiation (kaffarah) required of him if he sends them?

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Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 20261 min readAlso available in العربية
The answer

The fatwa issued is that if a man swears an oath by divorce and then breaks it, his wife is divorced, whether his intention was to divorce or to threaten. If the divorce is less than three pronouncements, he can take her back before the expiry of her 'iddah (waiting period). However, according to the opinion of Ibn Taymiyyah, if the oath was intended as a threat and not as a divorce, then the divorce does not occur, and an expiation for breaking an oath (kaffarat yamin) becomes due. The legitimate oath is to swear by Allah Almighty.

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

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