What is the ruling on a man saying to his wife: "Divorce me if you do not stop talking, I will divorce you," then he said to her: "You are forbidden to me if you touch me," and then she placed her hand on his shoulder?
As for the oath "By divorce, if you do not keep silent, I will divorce you," as long as she kept silent, there is nothing in it.
Regarding the second phrase, "You are forbidden to me if I touch you," if the husband's intention was any touch, even just placing a hand on the shoulder, then the oath has been broken. But if his intention was a specific touch, like kissing, then the oath has not been broken.
Scholars differed on the phrase "You are forbidden to me," and the matter refers back to the husband's intention: if he intended divorce, a divorce occurs; if he intended ẓihār, then it is ẓihār for which an expiation is required; and if he intended an oath or did not intend anything, then it is an oath, and he must offer the expiation for an oath.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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