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Does divorce take effect when sworn by under duress, without the intention of it taking effect, and is expiation required for not fulfilling what was sworn to?

1 min readAlso available in العربية

If an oath of divorce was uttered under extreme duress and fear of imminent harm, it holds no legal validity and entails no consequences, based on the Prophet's (peace be upon him) saying: "No divorce and no manumission in a state of duress."

However, if the oath of divorce occurred under circumstances that do not reach this level, and it was sworn regarding an action or its omission, the majority of scholars hold that it is a legally binding divorce, and the husband may reconcile with his wife as long as her waiting period has not expired and this divorce is not the third one.

Some scholars, such as Sheikh Al-Islam Ibn Taymiyyah, are of the view that the ruling on an oath of divorce not intended to effect a divorce, but rather for threat or emphasis, is the same as an oath sworn by Allah. Thus, if the oath is broken, an expiation for an oath becomes due, and no divorce occurs.

Swearing an oath of divorce is impermissible and is considered among the oaths of the dissolute. It is incumbent upon anyone who has sworn such an oath to repent to Allah.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy