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What is the ruling on swearing by divorce and not carrying it out, and is it restricted to a specific number?

1 min readAlso available in العربية

Swearing by divorce is prohibited and is among the oaths of the dissolute. If a person swears by divorce to do something and does not carry it out:

1. If he specified a time for the action and the time elapsed without its execution, divorce occurs according to the majority of scholars.

2. If he did not specify a time, the marriage remains valid, and divorce does not occur unless the action becomes definitively impossible.

Sheikh al-Islam Ibn Taymiyyah holds that in this case, an expiation for an oath (kaffarat yameen) is obligatory if he did not intend divorce.

If the husband violates conditional divorce oaths three times or more, his wife becomes unlawful to him and does not become lawful again until she marries another man. However, if the conditional divorce oath is repeated concerning the same thing or multiple conditions, there is a detailed explanation.

Divorce does not occur unless the wife is under the husband's marital authority at the time of its pronouncement.

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

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