Does a divorce occur with the statement "I swear by the three" if the intention behind it was to threaten and instill fear, and then the wife broke her oath and did what was sworn against?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The statement "thrice divorced" is not an explicit declaration of divorce, for an explicit divorce is that which admits no other interpretation than the dissolution of the marital bond. Since what you uttered was an innuendo, divorce does not occur by it unless there was intention and purpose behind it. If you did not intend divorce, and your intention was merely to threaten, then nothing is incumbent upon you, even if your wife did what you conditioned it upon. It must be noted that communication with a non- woman is impermissible except within the limits prescribed by Islamic law.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/118982
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 118982
- 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
- Read the full answer on Ftawy