Does a divorce occur when a husband says: "I will not touch you during this holiday, and you will be like my sister for this holiday only," because the wife refused intercourse, knowing that they enjoyed each other without actual intercourse?
You must repent to Allah by abandoning the sin, regretting it, and resolving not to return to it, and seek your husband's forgiveness. As for your husband's oath of divorce regarding not touching you for the duration of the holiday, as long as you have not engaged in what he swore against, namely intercourse or touching, then there is no consequence for either of you. And his statement, "You will be like his sister for this period," is a temporary ẓihār. If he does not have intercourse with you or touch you until the holiday ends, then there is no consequence for him. We alert you that ẓihār is forbidden, and swearing by divorce is prohibited, as the Messenger of Allah, peace and blessings be upon him, said: "Whoever swears an oath, let him swear by Allah or remain silent."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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