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What is the ruling on swearing by the phrase: "Divorce be upon me" or "By divorce upon me," and is this considered swearing by other than Allah, which leads to shirk (polytheism), and what is its expiation?

1 min readAlso available in العربية

Scholars have differed regarding the ruling on swearing by divorce, oscillating between disliking it (makrooh) and prohibiting it (haraam). Swearing by divorce is not a true oath; rather, it is a conditional pronouncement of divorce and an obligation that takes effect upon the occurrence of the condition. Therefore, it does not fall under the purview of the Hadith: "Whoever swears by other than Allah has committed shirk." Its expiation is seeking forgiveness (istighfar) and repentance (tawbah).

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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