Does divorce occur from a husband's repeated oaths and his conditioning of divorce upon matters that the wife conceals for fear of his suspicions, while she intends meanings different from what the husband intends when swearing an oath?
Intention has an effect in the chapter of oaths. An oath is based on the intention of the swearer, unless the one administering the oath is a judge. So, if he swears without being administered an oath by a judge and he equivocates (uses tawriyah), the equivocation benefits him, and he does not break his oath. Therefore, the breaking of the oath has not occurred with this equivocation, and nothing results from what the husband uttered. It is advisable for the husband not to question his wife about her past or the past of her friends, and not to administer an oath to her regarding that, and for both spouses to avoid problems.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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