Does divorce occur by saying, "By divorce, I have kicked the ball, but the player does not kick," in the case of a contract without consummation?
If you swore truthfully, or you believed you were truthful, then the divorce does not occur. However, if you swore falsely and intentionally, then you must repent, and your divorce takes effect according to the majority of scholars, in contrast to Ibn Taymiyyah, who holds that divorce does not occur and expiation is not required in this case. Our advice to you is to avoid swearing by divorce, as it is an illegitimate oath and its consequences can be severe, especially if you have not consummated the marriage with your wife, in which case her divorce would be an irrevocable divorce (Talaq Ba'in).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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