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?
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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- Original fatwa ID
- 136478
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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