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Is swearing by divorce that one does not desire his wife considered a divorce, and what are its implications?

1 min readAlso available in العربية

The Gist of the Fatwa:

If, by divorcing your wife, you meant that you would never ask her to come and move away from her parents, then by asking her to come now, you are breaking your oath, and divorce is incumbent upon you. However, if you meant that you would not do so as long as her parents needed her, then you do not break your oath if they no longer need her. Some scholars are of the view that if a person swears by divorce but does not intend to effect a divorce, but rather intends to urge or prevent something, then only an expiation for an oath (kaffarat yameen) is incumbent upon him if he breaks it.

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

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