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The question

Does a divorce occur if a husband swears by his father that his wife would be forbidden to him if he hits her, and then he hits her?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed regarding the ruling on swearing by making one's wife unlawful (tahrim). Some consider it ẓihār, some consider it a divorce (ṭalāq), and some consider it an oath (yamīn). The relied-upon with us differentiates based on whether the intention was divorce, ẓihār, or an oath.

If the husband intended divorce, divorce occurs upon his breaking the oath, and he may take his wife back before her ʿiddah ends, provided he has not completed three divorces. If he intended ẓihār, he must offer the expiation for ẓihār before touching her. If he intended an oath, or did not intend anything specific, he must offer the expiation for an oath.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
136478
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.
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Read the full answer on Ftawy