Does the divorce that occurred over the phone with the oath "If you do not leave the house within a week, then you are divorced" take effect, given that the wife did not comply, and if it takes effect, is it considered a first divorce, and how can the husband take his wife back?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The majority of scholars hold that if a man swears an oath by divorce and then breaks it, his wife is divorced, whether he intended divorce, threat, or emphasis. This is the that is acted upon. The divorce of the maternal uncle's wife has occurred due to his breaking of the oath. If he has not divorced her more than once before, he may take her back before the expiration of her waiting period (). It is obligatory to avoid swearing oaths by divorce, as it is among the oaths of the dissolute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 143783
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy