Does a divorce take place with the words "I swear by divorce" said in jest, knowing that the speaker recently solemnized his marriage contract and has not yet consummated it with his wife?
Firstly: Becoming accustomed to swearing by divorce is an evil act, as one should only swear by Allah, and divorce was not legislated for amusement.
Secondly: The majority of scholars hold that divorce occurs upon breaking an oath sworn by divorce. However, some scholars, including Sheikh Al-Islam Ibn Taymiyyah, Sheikh Ibn Baz, and Sheikh Ibn Uthaymeen, are of the view that if swearing by divorce is uttered in the manner of an oath, with the intention of urging, deterring, affirming, or denying, then the person must pay an expiation for breaking an oath (kaffarat yameen) upon breaking it, and the divorce does not occur. This is based on the Almighty’s saying: (Allah has already ordained for you [Muslims] the dissolution of your oaths) [At-Tahrim / 2], and the Prophet’s (peace be upon him) saying: (Indeed, actions are by intentions).
So, if the one swearing by divorce did not intend to effect a divorce, but rather intended to threaten, urge, deter, affirm, or deny, and then broke the oath, he must pay an expiation for breaking an oath. However, if the oath was concerning a past matter and he knew he was lying, he must repent from lying and is not required to pay an expiation for breaking an oath. Swearing by divorce before consummation leads to divorce, and the wife becomes irrevocably divorced from him.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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