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Does divorce occur if the husband says, "I don't want that to happen again in front of my daughter, by divorce," or "by divorce," in the context of striking, and if the husband does not recall these words, does the divorce become void, or does divorce only occur with explicit phrasings such as "I have taken my wife back" or "I give myself to you in marriage"?

1 min readAlso available in العربية

If a husband swears an oath of divorce concerning an act and then commits it, divorce occurs according to the majority of scholars. However, Shaykh al-Islam Ibn Taymiyyah holds that if this oath was not intended to effect a divorce, it is treated like an oath sworn by Allah, and an expiation for a broken oath (kaffarat yamin) is due. When there is a dispute over the occurrence of divorce, the husband's statement is given precedence. However, if he is predominantly certain of his wife's truthfulness, he must act accordingly. If the husband counts it as one divorce, and it is the first or second, he may take her back as long as she is within her waiting period ('iddah). But if it is the third divorce, and the wife is certain of its occurrence, it is not permissible for her to remain with him.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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