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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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