What is the ruling regarding one who frequently swears by divorce when angry, and does not know the number of times or the manner of swearing, knowing that most of it is conditional?
Swearing by divorce is among the oaths of the wicked. Conditional divorce takes effect according to the majority of scholars, while Sheikh al-Islam Ibn Taymiyyah holds that an expiation for an oath is required if the husband did not intend divorce. An immediate divorce takes effect the moment it is uttered. A wife is subject to divorce if she is still married at the time it occurs; however, if the marital bond has been severed, it does not take effect. Whoever doubts the wording of a divorce is not bound by anything, and the default is the continuation of the marital bond. The divorce of an angry person does not take effect if their anger is so severe that they lose consciousness. If a husband utters a divorce formula three times while his wife is still married to him, she becomes irrevocably divorced from him. If the divorce is less than three, he may take her back before her waiting period ends. If the waiting period expires, she does not become lawful for him except with a new marriage contract. Divorce takes effect according to the majority of scholars, even if it occurs during menstruation or postpartum bleeding. The husband should consult a Sharia court or trustworthy scholars to ascertain the religious ruling regarding what he has said.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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