Does a divorce occur if the wife returns from Sham after the husband said: "Upon me be divorce if you return from Sham"?
This utterance contains an oath of divorce, which is a conditional divorce. If the wife breaks her oath by returning from Syria, divorce occurs according to the majority of scholars, whether divorce was intended or merely a threat and prohibition. However, Sheikh al-Islam Ibn Taymiyyah holds that divorce does not occur if only a threat was intended. Our fatwa is based on the opinion of the majority, so divorce occurs if the wife breaks her oath. If the reason for the oath ceases without intervention, then divorce does not occur.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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