Does the divorce, stated by a man to his wife as "Divorced by God, you will not speak to so-and-so," take effect if the wife was pregnant and the fetus died, then she became pregnant again and gave birth to a male child?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If a husband swears an oath of divorce and then his wife becomes pregnant, there is no connection between the pregnancy and the oath of divorce. If the wife does what her husband swore she would not do, and he breaks his oath, then she is divorced, according to the majority of scholars. However, Sheikh al-Islam Ibn Taymiyyah held the view that divorce does not occur if the husband did not intend to effect it, and he must offer an expiation for a broken oath (kaffarat yamin). The view of the majority of scholars is more preponderant. If the divorce occurs, he may take her back before her iddah (waiting period) expires without a new marriage contract.
Summarized from the full answer at Ftawy · imported
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- 88280
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