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The question

What is the ruling on one who swore an oath of divorce not to do something, then was assailed by doubt as to his truthfulness, and this doubt persisted for more than three years, during which time he did not offer expiation, and during which he fathered two children, while his wife knows nothing of this oath?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Divorce does not occur as long as the matter is as stated, because the original state is the continuation of the marital bond, which is not severed except with certainty. The marriage is established with certainty, so it does not cease with doubt. And from the jurisprudential قواعد (principles) is that what is established with certainty is not removed except with certainty. Some scholars are of the opinion that if someone swears by divorce concerning a matter in which he knows himself to be lying, his wife is not divorced.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
114667
Imported
Translation status
Source text, unreviewed
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