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What is the ruling on the oaths sworn by the husband with divorce in the following cases: if my family contacts him, or if I send him a text message, or if I discuss a topic he dislikes, or if I return home after he swore by divorce if I return? And is it permissible for the husband to relinquish his authority ( عصمة) to his wife?

1 min readAlso available in العربية

Swearing by divorce (al-halif bil-talaq) has the ruling of a conditional divorce (talaq mu'allaq). If the one who swore breaks his oath, the divorce occurs. The family's knowledge of this condition is irrelevant, unless the reason for the oath ceases to exist, in which case the divorce does not occur. If the one who swore had a specific intention in his oath, the divorce occurs according to what he intended. As for the husband's statement, "I will divorce you," it is a promise of divorce by which nothing occurs unless he executes it. It is permissible for the husband to delegate his wife to divorce herself, but this does not nullify his right to divorce her. We advise the husband to consult directly with scholars to inquire about his intention and to determine the number of divorces.

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

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