Does divorce occur if a woman swears by divorce to leave her father's house, then does not do so?
The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, and this is the given. Whereas Sheikh Al-Islam Ibn Taymiyyah is of the opinion that swearing by divorce, when not intended to make divorce contingent but rather as a threat or emphasis, takes the ruling of swearing by Allah. Thus, if the oath is broken, an expiation for an oath becomes binding, and no divorce occurs. Based on this, if you do not leave your father's house, your wife will be divorced according to the opinion of the majority, and you can take her back if she has not completed three divorces. As for the opinion of Sheikh Al-Islam Ibn Taymiyyah, no divorce occurs, and an expiation for an oath becomes binding upon you. It is obligatory to honor one's father and accompany him with kindness. It is advisable to avoid swearing by divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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