What is the ruling on a husband who swore an oath of divorce, saying, "By divorce, you will not go," intending to prevent his wife from going, and then took her after four days?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
You have misused your oath by divorce, and it falls under the jurisdiction of conditional divorce. If the condition upon which you swore occurs, divorce takes place according to the majority of scholars, contrary to Ibn Taymiyyah, who holds that divorce does not occur if the husband did not intend it, and he is obligated to offer an expiation for an oath. However, if you had a specific intention or the reason for the prohibition ceased to exist, then the oath is not broken, and nothing results from it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/139007
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- Ftawy
- Original fatwa ID
- 139007
- 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