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The question

Has a divorce occurred or not, and what are the implications of swearing by divorce with the intention of preventing something from being taken from the mother, and what should we do with the belongings brought by the mother-in-law?

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

The majority of scholars hold that if a person swears by divorce or makes it conditional upon an event, and the condition is met, the divorce occurs, whether the intent was to effect divorce or merely to threaten. This is the prevailing . Therefore, if a husband makes his wife's divorce conditional upon her accepting a gift from his mother, and the wife accepts the gift, the divorce takes place. If the divorce is not yet irrevocably final (i.e., less than three divorces), the husband can take his wife back during her (waiting period).

If the wording of the oath uses "if" (إذا), it does not repeat; the oath is dissolved by a single occurrence, and the divorce does not recur if the action is repeated.

Ibn Taymiyyah held the view that if a person swears by divorce intending to threaten, he is obliged to pay an expiation for an oath (kaffarat yameen), and the divorce does not occur.

If the husband is uncertain about having sworn by divorce, nothing is incumbent upon him, as the default is the exoneration of liability.

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Ftawy
Original fatwa ID
159656
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