Does divorce occur if one swears an oath of divorce intending to emphasize one's ill opinion of a person, knowing beforehand of their bad behavior, and without evidence to support this opinion, and after the marriage contract but before consummating the marriage with the wife?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If a person swears an oath concerning something he believes to be true, and then it turns out to be otherwise, he is not obligated to divorce or offer expiation, because it falls under the ruling of a laghw (unintentional) oath, and he did not intend to lie. This is the preponderant view among scholars. It should be noted that the permissible oath is one sworn by Allah Almighty, whereas swearing by divorce is among the oaths of transgressors.
Summarized from the full answer at Ftawy · imported
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