Does a divorce occur by saying "I swear to God I will marry" twice during extreme anger?
According to the majority of scholars, swearing by divorce is an oath that can only be broken by the occurrence of divorce if the sworn-upon action is not performed. However, Sheikh al-Islam Ibn Taymiyyah holds that it is an oath requiring an expiation for an oath (kaffarat ). Anger does not prevent the occurrence of divorce unless it causes the person to lose awareness. If you were aware of what you said when you swore the oath and you did not get married, then divorce occurs. If you intended a specific timeframe, you are divorced upon the expiry of the last possible time for your marriage, or upon your death before marriage. The Malikis are of the view that if you resolve not to marry, divorce occurs. If you are able to marry, then marriage fulfills the oath, and you owe nothing according to the majority of scholars. As for the view of Sheikh al-Islam, you owe an expiation for an oath if you do not marry. Swearing by divorce and anger are both prohibited.
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Reviewed by El Fatwa's sharia committee.
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