What is the ruling regarding a man saying to his wife: "I divorce my wife if I do not fondle and kiss a woman other than you, then I am an illegitimate child," and what are the implications of this oath, and how can one be absolved from it?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Firstly, swearing by divorce is forbidden, and it is not permissible to accuse a Muslim of sins. The aforementioned utterance constitutes a conditional divorce, which, according to the majority of scholars, takes effect if the condition it is contingent upon is not met. However, Sheikh al-Islam Ibn Taymiyyah holds the view that one can be absolved from it by offering an expiation for an oath (kaffarat ) if the intent was to threaten and not to divorce. The questioner can marry a second wife to lawfully engage in what the divorce was made contingent upon.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 110715
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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