Did the divorce occur in the two mentioned cases, and how many times did it occur, taking into consideration the statement "You are divorced if I don't return the gold to you" without specifying a time, and the statement "I have divorced her" to a friend while suffering from addiction and psychological distress?
The basis of an oath is the intention of the one swearing it. If you conditioned your wife's divorce on the non-return of the gold and did not specify a time, then you do not break the oath except when its return becomes impossible, usually upon the death of one of you. You must repent to Allah for lying to your wife about not taking the gold. What you intended regarding her divorce is not binding, as divorce does not occur except by uttering it. Even if you falsely told your friend that you had divorced her, she remains your wife. Divorce, according to the majority of scholars, does not occur unless your wife takes you to a judge. Thus, divorce has not occurred in either case. We advise you to avoid swearing by divorce and uttering it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 113359
- 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.
- Read the full ruling
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