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The question

Does a divorce take place if I swore with the صيغة (formula): "علي الطلاق أنك ما تنامي في البيت" (Divorce be upon me if you do not sleep in the house), and my wife did not leave but slept in another room in the same house, knowing that I frequently swear by divorce when angry and do not intend actual divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If you are aware of what you are saying and intended for divorce to occur upon your wife sleeping anywhere in your house, then you have broken your oath upon her sleeping in any room of it, according to the majority of scholars. This is contrary to Ibn Taymiyyah, who holds that an expiation for an oath (kaffarat yamin) is necessary if you did not intend divorce. We advise you to avoid swearing by divorce.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
99660
Imported
Translation status
Source text, unreviewed
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