Does divorce take place if the husband says: "If I gamble, then my wife is Haram for me," and then he returns to gambling and denies it, while there is proof of his gambling?
The preponderant opinion regarding swearing by the prohibition of one's wife is that if divorce is intended, it constitutes a divorce; if ẓihār (a form of injurious vow) is intended, it is ẓihār; and if an oath is intended or nothing specific is intended, it is an oath. It appears that the husband intended divorce by the prohibition, as indicated by his statement: "meaning you are not my wife." If he breaks his oath, divorce occurs. If the husband denies gambling and no evidence is found, his word is accepted, unless the wife presents evidence. As for the relationship between the spouses, if you are strongly convinced of his truthfulness, then the divorce has not occurred, neither outwardly nor inwardly. The husband must repent from gambling and avoid its gatherings, even if he does not play; because by associating with them, he condones evil and shares in the sin.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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