Does divorce occur if the husband brings a maid after swearing an oath of divorce not to do so?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The majority of scholars hold that swearing by divorce results in divorce if the condition sworn upon occurs, contrary to Ibn Taymiyyah, who views it as a ruling of an oath that necessitates an expiation for an oath and does not result in divorce; this is what we issue fatwas on here. And bringing the maid causes divorce to occur unless the reason for the oath was not needing a maid. If it was the first or second divorce, reconciliation is possible as long as the wife is within her waiting period ('). It should be known that swearing by divorce is impermissible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/110108
Where this answer came from
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- Ftawy
- Original fatwa ID
- 110108
- 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.
- Read the full ruling
- Read the full answer on Ftawy