Back to search
The question

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?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

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.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
110715
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