Does a divorce issued by the husband in a moment of anger, when he swore to kill his wife's brothers, take effect, bearing in mind that one of the brothers was not present?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The majority of jurists hold that swearing by divorce effects it if the one who swore breaks his oath, and this is the fatwa given. However, some scholars are of the view that it does not take effect if the husband did not intend divorce. Anger does not prevent divorce from taking effect unless the person reaches a state where he does not comprehend what he is saying. In this case, the husband must break his oath because killing his wife's brothers without just cause is forbidden.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/85791
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- Ftawy
- Original fatwa ID
- 85791
- Imported
- Translation status
- Source text, unreviewed
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