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The question

Does a divorce occur with the words, "By divorce, you must open this bag of coffee in the bathroom," coupled with the intention of throwing it away, given that throwing it away in the bathroom is forbidden?

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

The fatwa we adopt is that divorce occurs if you do not do what you swore to do, whether your intention was divorce or emphasis and threat. If the divorce occurred and it was not the third divorce, you can take your wife back during her iddah (waiting period).

Some scholars, like Sheikh Al-Islam Ibn Taymiyyah, hold the view that swearing by divorce, when the intention is not to effect divorce but rather to threaten or emphasize a matter, takes the ruling of swearing by Allah. Thus, if the oath is broken, the one who swore must pay an expiation for an oath, and no divorce occurs. This view is the one acted upon and is implemented in the courts in many Islamic countries nowadays.

The permissible oath is to swear by Allah Almighty. As for swearing by divorce, it is among the oaths of the wicked, and it may lead to undesirable consequences.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
186298
Imported
Translation status
Source text, unreviewed
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