Back to search
The question

Does divorce occur if I swore to my wife that she would be divorced if she disobeyed me in a matter that is not a sin against Allah, and then she disobeyed me in a matter I had forbidden her from before this oath?

Share this answer

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

If a man makes his wife's divorce conditional upon the occurrence of an event, the divorce takes place upon its occurrence, according to the majority of jurists, even if he intended only to threaten. And the husband's statement to his wife, "If I command you to do something that does not involve disobedience [to Allah] and you disobey me, you are divorced," relates to her future disobedience, unless the husband intended to include her past disobedience. If the divorce occurs and it is the first or second pronouncement, the husband has the right to take her back as long as she is within her (waiting period), without a new marriage contract. It is recommended to have witnesses for the return, and the wife's knowledge or consent is not a condition. It is advisable to avoid marital problems and to deal with them wisely, and to be cautious of using divorce as a means of resolution.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
90112
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy