Back to search
The question

Does divorce take effect if the wife takes money from her brother, knowing that the husband swore to her by divorce that she should not take money from him for the rest of her life while she is married to him?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Swearing an oath by divorce to do or not do something constitutes a conditional divorce. The majority of scholars hold that it takes effect once the condition it is tied to occurs. There is no distinction between anger and other states—unless it reaches the point of "ighlaq" (being overwhelmed)—nor between intending divorce or merely threatening it. However, an oath depends on the intention of the swearer. If you intended that your wife should never accept any gift whatsoever, then you would violate your oath by accepting the gift. But if you intended not to accept anything that would create a sense of obligation or superiority, then your intention is acceptable because this gift is customary on occasions and does not create an obligation.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
134729
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy