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The question

Does divorce occur if a newborn's name is changed, given that the husband swore an oath of divorce that the name would be "Suhayl," but the stepmother does not want that name?

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

Naming the newborn is the father's right, and the father should consult his wife. The son has no right to name the newborn, and his swearing by divorce is an aggression against his father.

If the one swearing intended the divorce of his father's wife, then the divorce does not occur because she is not his wife. Divorce is only for the husband, as the Prophet, peace and blessings be upon him, said: "Indeed, divorce is only for him who takes hold of the leg (i.e., consummates the marriage)."

However, if he intended the divorce of his own wife, then if he intended the divorce to occur upon the non-fulfillment of his wish, his wife is divorced with one pronouncement. But if he did not intend the divorce of his wife, but rather to emphasize the matter and compel her, then he must pay expiation for an oath (feeding ten poor persons or clothing them, or fasting three days if he is unable). One must be careful about swearing by divorce.

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Ftawy
Original fatwa ID
11224
Imported
Translation status
Source text, unreviewed
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