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Does divorce take effect due to the oaths sworn by the husband in the event of his wife leaving the apartment, or not answering her phone, or his son not going to his family on Friday?

1 min readAlso available in العربية

The majority of scholars hold that if a husband makes his wife's divorce contingent upon a condition, he cannot retract it. If the condition is met, his wife is divorced. This is the fatwa we follow. However, some scholars, like Sheikh al-Islam Ibn Taymiyyah, are of the view that if the husband intended the divorce to occur upon the fulfillment of the condition, he can retract the contingency. But if he did not intend the divorce to occur, and only intended to threaten, then the divorce does not take place, and he is only required to offer an expiation for breaking an oath (kaffarat yamin).

Accordingly, the fatwa we follow is that if you break your oath, your wife is divorced. The determination of breaking the oath (hanth) depends on your intention behind what you uttered. If your intention was to prevent your wife from leaving the apartment, then divorce occurs upon her leaving it. However, as long as she left unaware that she was forbidden from leaving the apartment, the preponderant view is that the divorce does not occur.

If you intended for your son to visit the family on the day they gather, then do not restrict your oath to Friday. Instead, fulfill your oath by visiting on the day they gather. If you did not intend a specific time with your oath, then it appears that it is not restricted to a specific time, because your wording is absolute.

We also draw your attention to the fact that your oath is dissolved by breaking it only once.

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

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