Does divorce occur if the husband shakes hands with his wife's brother-in-law after swearing, "Divorce be upon me if I put my hand in his"?
If the husband intended not to reconcile and alluded to it by placing his hand, then the oath is broken, and divorce becomes binding upon him according to the majority of scholars, or only an expiation for an oath according to Sheikh Al-Islam Ibn Taymiyyah. It is preferable to refer the matter to the court. If the divorce occurred and it was the first or second, the husband can reconcile with his wife without a new contract or witnesses before the expiry of the (waiting period). However, if the husband intended to place his hand in the hand of the wife's sister's husband and not reconciliation, then the oath is not broken unless he does so. Reconciliation and avoiding estrangement are better. The husband must repent from swearing by other than Allah or swearing by divorce, as it exposes the marital bond to danger.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 97067
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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