What is the status of a woman whose husband always swears to divorce her when he is angry, given that she is still living with him?
If a man pronounces divorce to his wife while in a state of extreme anger that deprives him of awareness, then his divorce is not effective. However, if the anger has not reached this extent, then his divorce is effective if he pronounces the explicit words of divorce.
As for swearing by divorce, the majority opinion is that divorce occurs upon breaking the oath, unequivocally. However, Shaykh al-Islam Ibn Taymiyyah and those who agreed with him are of the view that swearing by divorce with the intention of emphasis, prohibition, or encouragement, and not with the intention of effecting divorce, does not result in divorce. Rather, the one who swore is liable for an expiation for breaking an oath if he breaks it.
It must be noted that the lawful oath is by Allah Almighty, and swearing by divorce is among the oaths of the dissolute. It may lead to grave consequences, and some scholars have granted the wife the right to seek divorce from a husband who frequently swears by divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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