What is the ruling on someone who said to his wife, whom he has not yet consummated the marriage with, "By divorce, I will not answer my wife if she calls me," then answered her, having forgotten what he said?
The majority of scholars hold that a divorce oath takes effect if the sworn-upon act occurs. However, Sheikh al-Islam Ibn Taymiyyah is of the view that it is an oath requiring an expiation for breaking an oath. As for if the sworn-upon act is done out of forgetfulness, the preponderant opinion is that divorce does not occur. This is the madhhab of Imam Shafi'i, a narration from Imam Ahmad, and the chosen view of Ibn Taymiyyah and Ibn al-Qayyim. This is further affirmed by Al-Nawawi and Al-Buhuti. Therefore, if you respond to your wife out of forgetfulness of the oath, there is nothing upon you, while emphasizing the prohibition of swearing by divorce.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/109210