Does an oath of divorce take effect if the husband says to his wife, "I will not bring her back from her family's house; as she went alone, she will return alone," intending thereby not to go to her family's house and reconcile with her, but then the wife comes to him at a station near her family's house and he takes her to his house?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the situation is as described, then the one who swore an oath has not broken it, because intention in an oath specifies the general and restricts the absolute. So, if he intended with his oath something that the wording could bear, his oath is directed towards that, whether it conforms to the apparent meaning of the wording or contradicts it. It must be noted that the permissible oath is by Allah Almighty, whereas swearing by divorce is among the oaths of the wicked, and grave consequences may result from it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 151284
- 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