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What is the ruling on one who swore by haram regarding his wife's divorce that she would not touch a phone, when he did not intend divorce?

1 min readAlso available in العربية

We have previously clarified the ruling on one who swears by the words: "haram and talaq (divorce)". The ruling on swearing by "haram" varies according to the swearer's intention and purpose in making something forbidden. As for swearing by "talaq", the majority of scholars hold that divorce occurs upon breaking the oath – and this is the fatwa we adhere to. Sheikh al-Islam Ibn Taymiyyah (may Allah have mercy on him) was of the view that the ruling on swearing by "talaq" when the intention is not to effect divorce but rather to threaten or emphasize, is the same as swearing by Allah. Therefore, if the oath is broken, the swearer must offer expiation for an oath, and no divorce occurs.

Accordingly, the fatwa we adhere to is that if you broke your oath, one divorce will occur for your wife, and expiation for an oath is due from you for making something forbidden. If that divorce does not complete the three divorces, you may reconcile with your wife before her 'iddah (waiting period) expires. We emphasize that the lawful oath is swearing by Allah the Almighty. As for swearing by "talaq" or "haram", it is among the oaths of the dissolute, and it may lead to undesirable consequences.

And Allah knows best.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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