Back to search
The question

Does a man's divorce take effect if he swore to his wife by divorce, saying: "If you go to the doctor to replace your glasses, then you are divorced," and the wife went to the doctor after her glasses broke?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If your intention in conditioning the divorce upon changing the eyeglasses was that you yourself would not go, then the divorce does not occur if someone else goes. And if you conditioned the divorce upon merely changing the eyeglasses, then the consideration is your intention. If you had no intention, then the consideration is the motive for the oath. If your intention or motive necessitated not changing them for a certain period or as long as they were usable, then divorce does not occur unless this restriction is exceeded. However, if there was no restriction by intention or motive, then divorce occurs simply by changing them. This is the opinion of the majority of scholars, while Sheikh al-Islam Ibn Taymiyyah holds that if the purpose of the conditioning was to encourage or prevent, and not to effect a divorce, then an expiation for breaking an oath is required upon transgression. It is advisable to refer to the courts or consult scholars directly regarding such matters. If divorce occurs, the husband can reconcile with his wife during her (waiting period) without a new contract, or contract with her after its completion.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
91385
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy