What is the expiation for an oath of divorce, in the case of swearing "divorce be upon me if you go to your uncle" if one intends to go without the divorce taking effect?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If a husband swears an oath of divorce upon his wife, concerning an action or inaction, there are two scenarios: Either he intends to make the divorce conditional, in which case the divorce occurs upon the happening of the sworn-upon event. Or he intends only an oath, in which case he must offer expiation for an oath (kaffarat ). The view of the majority is strong that she is divorced by going to her maternal uncle's house. It is obligatory to avoid swearing an oath of divorce except out of necessity.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 39843
- 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