Does divorce occur by saying, "Upon divorce, I will make you good food," without the intention of divorce, and is expiation required if it does occur?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Swearing by divorce is similar in حكم (ruling) to conditional divorce. The majority of jurists hold that divorce occurs in this case if the one who swore breaks his oath. Some scholars, however, are of the view that if he did not intend to effect a divorce, he is only required to pay a kaffarat (expiation for an oath). Regarding the oath mentioned, if you prepare for him the specific food you stipulated, and which he can eat, then you have fulfilled your oath and nothing is required of you. The intention and purpose of the one who swore is considered in an oath.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 131680
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy