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The question

Is the following oath considered a divorce: "You are forbidden to me like my mother if you go again"? And what is the solution?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a man says to his wife: "You are unlawful to me like my mother," this is considered ẓihār (injurious assimilation) and not ṭalāq (divorce). It is an abominable and false statement. The one who commits ẓihār must offer expiation for ẓihār if he returns to what he said, and he is not permitted to approach his family until he expiates. The expiation is: freeing a slave. If he cannot find one, then fasting for two consecutive months. If he is unable to do that, then feeding sixty poor people.

However, if the ẓihār is conditional, such as "If you do such and such, then you are unlawful to me like my mother," the majority of scholars hold that if the condition occurs, the ẓihār takes effect. Some scholars are of the view that conditional ẓihār can be either ẓihār or an oath, depending on the intention of the one who uttered it. If he intended to prevent or encourage something and did not intend ẓihār, then it is an oath, and an expiation for breaking an oath is required if he violates it; otherwise, it is ẓihār.

One must avoid such phrases due to their abominable and false nature and the risk they pose to marital life.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
18284
Imported
Translation status
Source text, unreviewed
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