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The question

Is the wife considered divorced and a divorce initiated if she is given the phone after the husband said: "I swear by divorce that you will not touch your phone again"?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

What you uttered falls under the category of conditional divorce, and its ruling depends on your intention. If you intended to prevent her from taking the phone at a specific time or for that particular instance only, then her taking it afterwards does not affect anything. However, if you intended to prevent her from taking it absolutely, then by her taking it, the oath is broken.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
138347
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy