Does a divorce take effect if a man tells his wife, "By divorce, you shall get up and make tea," and she refuses, then apologizes to him and does what he commanded her a few minutes later, and does he owe expiation?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If "divorce" was intended merely as an oath and not to effect a divorce, then no divorce takes place, and no expiation is required, because it is a void oath. However, if he intended to make the divorce conditional and his wife did not obey him immediately, then he has broken his oath and divorce has occurred according to the majority of scholars. Some scholars, like Ibn Taymiyyah, are of the view that divorce does not occur if the intention was to threaten or encourage, and an expiation for an oath is required.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 150906
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- . 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
- Read the full answer on Ftawy