What is the legal ruling for someone who swore an oath of divorce not to write a document, but then it became clear to him afterwards that he had, in fact, written it himself?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Scholars have differed regarding the occurrence of divorce for someone who swore an oath based on a belief that later proved to be contrary. Some scholars, such as the Shafi'is and Shaykh al-Islam Ibn Taymiyyah, favored the non-occurrence of such a divorce. It is narrated from Shaykh al-Islam that he said: "The correct view is that whoever swears an oath regarding something he believes to be true, and it turns out to be otherwise, then no divorce occurs." Similarly, it is stated in the Fatawa Nur 'ala al-Darb by Ibn Baz that this type of divorce does not occur because it falls under the ruling of a baseless oath ( laghw).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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