What is the ruling on one who swore an oath of divorce regarding quarreling with his brother, then did not quarrel with him out of consideration for his mother?
You have done well by obeying your mother and avoiding a quarrel with your brother. However, by doing so, you have broken your oath if you swore to quarrel with him and it did not happen. The fatwa adopted by us is that your wife has been divorced due to your breaking of this oath. If this divorce does not complete the three divorces, you may take her back during her 'iddah (waiting period). Some scholars are of the opinion that if the oath was intended for emphasis and threat, and not for the purpose of initiating a divorce, then no divorce occurs; rather, an expiation for breaking an oath becomes obligatory. The lawful oath is by Allah Almighty. As for swearing by divorce, it is an oath of the wicked, and it can lead to undesirable consequences. Anger is the key to evil. It is narrated from Abu Hurairah (may Allah be pleased with him) that a man said to the Prophet (peace be upon him): "Advise me." He said: "Do not get angry." He repeated it several times. He said: "Do not get angry." (Narrated by Al-Bukhari).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/161356