Is the divorce pronounced by the husband with the words: "Divorce be upon me, she will not leave until her husband comes and takes her," considered a divorce or an oath, knowing that he paid an expiation for an oath based on a sheikh's fatwa?
Swearing by divorce (al-ḥalf biṭ-ṭalāq) results in divorce, according to the majority of scholars, if the condition sworn upon occurs. This is the established ruling (al-muftā bih). However, Sheikh al-Islam Ibn Taymiyyah holds the view that if swearing by divorce is not intended to make the divorce conditional, but rather for threatening or emphasizing, its ruling is the same as swearing by Allah: expiation (kaffārah) is required, and no divorce takes place. There is no blame on the husband if he adopts Ibn Taymiyyah's , provided he is reassured by the opinion of someone he trusts, and he is not merely following his whims or seeking out concessions.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 120225
- 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
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