What is the ruling on someone who swore an oath of divorce that his wife would not do something, and then his son did it?
The majority of scholars hold that swearing by divorce results in the divorce taking effect when the sworn-upon condition occurs. This is the prevalent fatwa, contrary to Ibn Taymiyyah, who is of the view that it carries the ruling of an oath by Allah if the intention was not divorce but rather intimidation or emphasis. The determination of what the husband conditioned the divorce upon is based on his intention and aim. If he intended to prevent himself from doing something, and he did not do it but his son did it, then he does not break his oath. However, if he intended to prevent the act generally, then his son's carrying it out would cause him to break his oath and the divorce to occur.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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