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Did the divorce take place due to the statements, "If you and your daughters do not come within four days, you are unlawful to me," and "She shall not leave her father's house unless she asks my permission, otherwise she is thrice divorced," with the intention of intimidation, not divorce?

1 min readAlso available in العربية

Scholars differ on the consequences of swearing an oath to forbid one's wife. Some consider it zihar (a pre-Islamic form of divorce by likening one's wife to an unmarriageable relative), some consider it a divorce, and some consider it an oath. The preponderant view is to differentiate between these cases according to the intention of the one swearing the oath.

If the statement was merely written and not uttered, and there was no intention of divorce, then no ruling applies to it. However, if the writing stipulated a triple divorce contingent on the wife leaving her father's house without the husband's permission, then as long as the writing was done with awareness and consciousness, the divorce occurs if the wife leaves without permission. But if anger affected one's awareness, then this contingency holds no weight.

If the wife does not leave without her husband's permission, then no divorce occurs. If a previous divorce occurred and did not complete the three divorces, the husband has the right to reconcile with his wife before the expiration of her iddah (waiting period), and this does not depend on the wife's consent or knowledge.

It is recommended to present the matter to a Sharia court or to trustworthy scholars.

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

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