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The question

Does divorce occur due to ejaculation during foreplay after swearing "By triple divorce, I will not approach you for a month" with the intention of divorce and disciplining the wife? And what is the ruling on going to the wife's family after swearing "By divorce from you, I will not reach them at all" with the intention of preventing oneself and not effecting divorce?

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

If you abide by your oath and do not have intercourse with your wife for a month, no divorce occurs. And foreplay with ejaculation is not considered sexual intercourse that breaks the oath. However, if you do not abide by it and have intercourse before the month, divorce occurs because you intended to bring it about.

Regarding your statement: "I divorce you, I will not reach them at all," meant to prevent visiting your mother's family, this is an oath. If you did not intend divorce but rather to restrain yourself, then no divorce occurs. Instead, you are liable for an expiation for breaking an oath, which is feeding ten needy persons.

Our advice to you is to repent and seek forgiveness for swearing by divorce and for refraining from sexual intercourse, due to the risks this poses to the family. You must also exercise patience and wisdom. Furthermore, you should consider your wife's excuse regarding prayer and not neglect its performance.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
8955
Imported
Translation status
Source text, unreviewed
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