What is the ruling on someone who swore an oath of divorce with the intention of threatening his brother not to take an item, and then another brother took this item, of whom the swearer was unaware?
The fatwa we adopt is that if someone swears an oath by divorce and then breaks that oath, his wife is divorced, whether he intended to effect the divorce or merely to threaten. Therefore, the divorce has occurred, and your wife has become irrevocably separated from you. You cannot take her back except through a new marriage contract. If, however, you intended something specific with your oath, such as preventing your brother, with whom you quarreled, from taking certain items, and you did not intend to prevent anyone else, then you do not break your oath if someone else takes them. We advise you to present this issue to trustworthy scholars. We also caution that swearing by divorce is among the oaths of the dissolute, and it can lead to undesirable consequences.
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- 165021
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