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The question

Is a wife divorced from one who swore by divorce that she was his and his brother's property, believing that to be the case, then it became clear otherwise?

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

If a man swears to divorce his wife over something, and then it turns out to be otherwise, there are two views among scholars: 1. The majority believe that the divorce takes effect. 2. Some scholars hold that if he intended to threaten, the divorce does not take effect, and an expiation for breaking an oath becomes obligatory. However, if he intended divorce, then it takes effect.

It is advised to refer to the Sharia courts to rule on such matters.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
59811
Imported
Translation status
Source text, unreviewed
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