Does divorce take effect with the words "by divorce, she is good," intending an oath, without recalling the marriage at the time of the oath, and does seeking forgiveness after recalling the marriage have an effect?
If a wife has been lawfully contracted to, then divorce takes effect even if consummation has not occurred. If one swears by divorce falsely, it takes effect according to the majority of scholars, while Ibn Taymiyyah holds that it does not. However, if one swears by divorce believing their statement to be true, but it turns out to be otherwise, then divorce takes effect according to the Malikis and Hanbalis. It does not take effect according to the Shafi'is unless one intended the reality of the matter. If it is impossible to ascertain the quality of the sworn-upon item due to its damage, then divorce does not take effect because the breach of the oath is doubtful, and the default is the continuation of the marital bond.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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