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Will the husband be held accountable for repeated oaths based on an incomplete fatwa, knowing in advance that divorce will not occur if his intention was to prevent something, or will he be treated as ignorant if the mufti did not inform him of the dissenting opinion of the majority?

1 min readAlso available in العربية

Swearing by divorce is a reprehensible innovation. Divorce occurs by it according to the majority of scholars, whether the husband intended divorce or not. Ibn Taymiyyah, however, holds that it does not occur if the husband intended only a threat.

If a man swears by divorce, relying on a fatwa that it does not occur, then divorce does not take place, because he sought the knowledge of the people of knowledge as Allah Almighty commanded.

He has misused divorce as a means of threat, and he must be careful, now that he knows the majority of jurists consider divorce to occur [in such cases].

And for whoever utters allusions to divorce without intention, his divorce is not effective according to Ibn Taymiyyah and the majority.

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

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