Does divorce take effect upon saying, "By my oath that you will not go out," if the wife goes out to use the bathroom after waiting?
The ruling on swearing with the phrase "upon me is the oath" varies according to the swearer's intention. If he intends divorce, then it is an oath of divorce. If he intends a legal oath, then it is an oath by Allah, and divorce does not occur thereby. If he does not intend anything, then the custom (urf) is the determining factor. If you swore to your wife that she should not go out to hit the girl, and you intended only to prevent her from that specific purpose, then you do not break your oath if she goes out for another purpose, and her divorce does not occur, because intention specifies the wording. It is advisable to present the matter to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 186508
- 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