Do the oaths the husband swore to his wife result in divorce, especially since one of them was an oath of prohibition and was considered a divorce, and the second was a threat of divorce without real intention, and the third was deliberate, and can the wife return to him after the three oaths?
The question includes several matters:
1. Swearing by prohibition (tahrim): If the husband intended divorce by prohibition, then it is a divorce. If he intended ẓihār, then it is ẓihār. If he intended an oath, then it is an oath. If he did not intend anything, then it is an oath requiring expiation () upon breaking it.
2. Saying "Consider yourself divorced": This is an explicit and effective divorce. The intention of threat does not affect it, because in explicit divorce, seriousness and jest are treated equally.
3. The third oath: The questioner did not clarify the wording of this oath, nor whether it was broken. Therefore, it could be an explicit and effective divorce, or a conditional divorce that occurs upon the fulfillment of the condition, or a conditional divorce intended as a threat or an oath by divorce that occurs upon breaking it, according to the majority of jurists, or a prohibition, or ẓihār requiring expiation for ẓihār. It is advisable to consult the courts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 56851
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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