Does divorce take effect if the husband restores the channel after having sworn by divorce to delete it, and he did delete it? And what is the ruling if his intention was to delete it temporarily or permanently?
An oath sworn by divorce is subject to the ruling of a conditional divorce. If the condition upon which the oath was sworn is fulfilled, divorce occurs according to the majority of jurists, even if the husband did not intend divorce. The oath is affected by intention and cause. If the removal of the name was for a specific purpose and that purpose ceased to exist, or for a reason that subsequently disappeared, and then the name was restored, then the oath is not broken. However, if the intention was to remove it permanently, then restoring it breaks the oath and entails the occurrence of divorce according to the majority of jurists. It is advised that spouses engage in understanding and dialogue, and not use divorce as a means to solve problems.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 137662
- 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