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The question

Does divorce occur with the statement, "I swear by divorce that you open the internet now," if the wife did not open the internet immediately but opened it after a while, knowing that the speaker was in a state of extreme anger and had no intention of divorce?

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

Swearing an oath by divorce is, according to the majority of jurists, subject to the same ruling as a conditional divorce. Therefore, divorce has occurred due to the wife's non-compliance, and the expiation for an oath has no effect.

However, Shaykh al-Islam Ibn Taymiyyah held the view that if the husband intended by the divorce merely an oath, then he is bound by the expiation of an oath if he breaks it, and the divorce does not occur.

But if the husband was in a state of intense anger that deprived him of his awareness and comprehension of what he was saying, then the divorce does not occur, based on the saying of the Messenger of Allah, peace and blessings be upon him: "There is no divorce and no manumission in a state of closure (i.e., extreme duress or loss of awareness)."

However, if the anger did not prevent him from understanding and being aware, then the divorce does occur.

If this was the first divorce, then reconciliation (raj'ah) is valid, and reconciliation occurs by word or by action with the intention of reconciliation, and it is recommended to have witnesses to it.

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
91559
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