What is the ruling and expiation for swearing by divorce based on the wife's intention, which the husband claims he did not know, but then it becomes clear to him that she was truthful in that she was joking?
If you swore by divorce concerning a past matter, the truth of which is known only to the wife, such as saying: "If you are serious, then you are divorced," if your intention was based on what you knew and thought, then the divorce does not occur. However, if you intended the reality of the matter, then divorce does occur. And the wife's statement that she was not serious indicates that your oath was contrary to the reality.
If this divorce is the first or second, you can reconcile with your wife during her iddah (waiting period) or remarry her after the iddah. However, if it is the third divorce, she is not lawful for you unless she marries another man. The Malikis hold that divorce occurs absolutely, due to the possibility of the wife lying.
Such matters should be referred to the Sharia courts to ascertain the facts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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