Is the oath of one who said to his wife, "By divorce, I will not eat from your hand for a year" – intending to discipline her, not to divorce her – an oath for which expiation is permissible, knowing that he had previously divorced her twice? And what are the consequences if he eats from her food, having forgotten his oath?
It is not permissible to toy with the words of divorce, for the Prophet, peace and blessings be upon him, said: "There are three matters, serious when taken seriously and serious when taken lightly: marriage, divorce, and رجعة (return to marriage after a revocable divorce)." If your intention by your oath was not to eat from what your wife cooked herself, then divorce does not occur by your eating from ready-made sandwiches. Divorce occurs according to the majority of scholars if you do what you conditioned the divorce upon, even if forgetfully; however, it does not occur according to the Shafi'is. Since you ate knowingly, you should have spat out the mouthful. To avoid the occurrence of divorce, refrain from eating what your wife cooks for a year, according to your oath, and realize that swearing by divorce is not a form of discipline for the wife but for the husband.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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