Does the statement "you remain divorced" count as an oath of divorce, despite the absence of intention to divorce and it being uttered during a verbal dispute?
Whoever swore an oath concerning his wife, divorcing her if she were to do something, and she did it, but he did not intend to make the divorce contingent but rather merely to admonish and prevent, there are two differing opinions regarding this:
The first: That the divorce occurs, and this is the opinion of the majority of scholars.
The second: That the divorce does not occur, and he is obligated to offer an expiation for a broken oath (kaffarat yamin). This is the opinion of Sheikh al-Islam Ibn Taymiyyah and those who agreed with him.
Accordingly, based on the first opinion, your wife would be divorced, and you have the right to take her back during her waiting period ('iddah), unless this was the third divorce. Based on the second opinion, you are only obligated to offer an expiation for a broken oath, and your wife remains.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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