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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?

1 min readAlso available in العربية

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 fatwa 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 (iddah). It is obligatory to avoid swearing oaths by divorce, as it is among the oaths of the dissolute.

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

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