Does a divorce occur if the husband swears, "I gave so-and-so something," while he actually gave it to her daughter? And does this fall under the ruling of an oath? What is the ruling on swearing by divorce to prevent giving or to cut off kinship ties? And does a divorce occur if the husband retracts his oath by allowing the giving after having sworn?
If a man swears by divorce or makes it conditional upon an event, his divorce takes effect if he breaks his oath, whether he intended to enact the divorce or intended to urge, prevent, or threaten. Repenting from the oath does not benefit him. This is the prevailing . The established ruling is that the husband does not have the right to retract his oath, so if he breaks it, his divorce takes effect. His breaking the oath depends on knowing his intention behind the oath, because intention is considered in oaths. It is not permissible to sever ties of kinship, but it is permissible for a husband to prevent his wife from connecting with some of her relatives if he fears harm for her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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