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The question

Does the divorce of the father and his oaths of not having intercourse with the mother, which he swore in a state of extreme anger, take effect, knowing that he is quick to anger and does not know what he says when he gets angry, and does it affect this that the divorce did not take place in court?

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Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed concerning an oath of divorce contingent upon a condition. The majority of scholars, and this is the view of the four madhhabs, hold that it takes effect upon the fulfillment of the condition. In contrast, Shaykh al-Islam Ibn Taymiyyah chose the view that it does not take effect if the swearer intended to deter or prevent something and dislikes divorce, and in such a case, an expiation for a broken oath (kaffarat yamin) is due.

As for swearing not to have sexual intercourse, this is considered ila', which is when a husband swears not to have sexual intercourse with his wife for a period exceeding four months or indefinitely. This is forbidden, and Allah has clarified its ruling in the Qur'an. If he returns and has intercourse, an expiation for a broken oath (kaffarat yamin) is due.

Regarding anger, what occurred, whether it was an oath of divorce or ila', is considered valid unless the anger was so severe that the person did not know what they were saying, in which case the divorce does not take effect.

As for the statement that divorce in our era does not take effect except in court, this is an incorrect statement and holds no weight.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy