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Is a divorce enacted by the husband's statement to his wife: "I swear by divorce upon your back, that I will bring you news displeasing to you, if you do not perform the matter I have in mind"? And what is the ruling on a woman going to the market with a mahram who drops her off and leaves, then returns later?

1 min readAlso available in العربية

The majority of scholars hold that swearing by divorce triggers divorce upon breaking the oath, whether the intent was divorce, threat, or anything else, and this is the prevailing fatwa. Sheikh al-Islam Ibn Taymiyyah is of the view that if swearing by divorce is not intended to effect divorce but rather to threaten or emphasize, then its ruling is like that of an oath by Allah, and the one who swore it must offer expiation for an oath, and no divorce occurs. A woman going to the market does not require a mahram; rather, it requires her husband's permission and adherence to the rulings of Islamic law regarding dress and conduct.

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

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