Did divorce take place due to swearing by it multiple times to hit the daughter, without the hitting occurring?
If the anger reaches the point of losing consciousness, then the oath is not binding. However, if you were conscious, then what you swore by regarding divorcing your wife becomes binding, unless you fulfill your oath by lightly striking the girl. You must refrain from [intimacy with] your wife until you do so. Allah permitted His Prophet Ayyub to strike his wife with a bundle of stalks so that he would not break his oath. Some scholars, like Sheikh Al-Islam Ibn Taymiyyah, hold the view that an oath of divorce only requires an expiation for an oath if it is broken. Therefore, we advise you to fulfill your oath by striking your daughter with a non-injurious strike, and your wife will remain under your marital bond. We caution you against being lenient with oaths of divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 93295
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy