What is the ruling regarding a husband who swore by divorce, "It is divorce upon me if she does not approach me today, then she will never approach me again," and said to his wife, "You are to me as my mother's back if you do not approach me today," and no intercourse occurred between them due to the wife's refusal?
If a husband swears an oath of divorce (talaq) or ẓihār and ties it to a condition, the majority of scholars hold that the divorce or ẓihār occurs when the condition is met. Some scholars, however, are of the view that the matter depends on the husband's intention. If he intended a threat or an incitement and did not intend divorce or ẓihār, then he must pay an expiation for breaking an oath (kaffarat yameen) if he breaches it. But if he intended to effect divorce or ẓihār, then it occurs. A wise woman should be prudent in her dealings with her husband to avoid problems.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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