Does a divorce oath take effect if a man says to his sleeping wife: "I swear by triple divorce that you shall get up for such and such," and the wife immediately got up after being surprised by the oath?
It appears that the wife complied with his command and did not disobey him. Her slight delay does not negate her compliance, and the oath of piety (birr) occurs if he did not have a specific intention in his oath. The divorce did not occur because the one who swore by his oath did not break it. It is advised that the permissible oath is by Allah Almighty, whereas swearing by divorce is among the oaths of the wicked, and it may lead to undesirable consequences.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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