Is divorce effected by saying "It is forbidden for me to divorce her"? And is expiation necessary, or does no divorce occur? And if it does occur, is 'iddah (waiting period) necessary for a woman who does not menstruate? And is a new marriage contract necessary? And what is the expiation for someone who swore not to fast Ramadan at home and not to spend 'Eid there?
The wording issued by the father, swearing an oath of prohibition regarding divorcing the mother, if it was a promise to divorce, then no divorce occurs by it, and he is not obligated to fulfill it; rather, it is better not to implement it. If he did not divorce her, the prohibition takes effect, and one refers to the husband's intention in this: if he intended ẓihār, then it is ẓihār; if he intended divorce, then it is divorce; and if he intended merely an oath, then an expiation for an oath is due from him.
And if the father swore by Allah not to fast Ramadan or to spend Eid at home, and there was a benefit in him doing so, then it is better for him to break his oath and offer expiation for it, based on the saying of the Prophet, peace and blessings be upon him: "By Allah, if Allah wills, I do not swear an oath and then see something else better than it, except that I expiate for my oath and do that which is better."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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