Does a divorce occur with the statement "Divorce upon me if you walk," if the wife does not walk, and was stopped by her mother before going to another house, knowing that she was crying?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Scholars differed concerning the ruling on swearing an oath by divorce. What is most authentically established with us is that divorce occurs absolutely upon breaching the oath. Some scholars hold the view that divorce does not occur if the husband did not intend to effect it, but rather intended to threaten, and he is obligated to offer an expiation for an oath. As for dissolving the oath, the reference for that is the intention of the one who swore the oath. We emphasize the importance of avoiding marital problems and not using divorce pronouncements to solve them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/195031
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- Ftawy
- Original fatwa ID
- 195031
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- . 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.
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- Read the full answer on Ftawy