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Does divorce occur if the husband speaks to another woman after uttering the oath of divorce under duress?

1 min readAlso available in العربية

We understand from your question that you asked your husband to swear by divorce not to speak or communicate suspiciously with a foreign woman. Most scholars believe that a divorce oath takes effect upon its breach. Sheikh al-Islam Ibn Taymiyyah is of the opinion that if this oath is not intended as a divorce but rather as a threat, its ruling is that of an oath by Allah, and an expiation for an oath (kaffarat yameen) is due upon its breach.

Intention in an oath specifies the general, and therefore, the swearer's intent and intention are considered. The oath of one under duress is not binding according to the majority of scholars if the duress is considered valid.

We advise the husband to present his case to scholars in his country. We emphasize that spying is impermissible, and using oaths to refrain from sins is not sound. Swearing by divorce is not legislated; what is legislated is swearing by Allah.

We also note that describing illicit relations as "betrayal" might lead to the understanding that they are condemned because they are a betrayal, not a sin against Allah.

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

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