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?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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 ) is necessary if you did not intend divorce. We advise you to avoid swearing by divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/99660
Where this answer came from
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- Ftawy
- Original fatwa ID
- 99660
- 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