What is the ruling regarding an oath of divorce made over the phone during extreme anger, by saying "You are like my mother and my sister" more than once, and then not carrying out the oath?
Uttering the words of divorce brings it into effect, whether spoken over the phone or in person, unless anger overwhelms one's intellect and removes their awareness.
If a husband utters the words of divorce (talaq) or ẓihār while fully aware, his divorce and ẓihār become effective. According to the majority of scholars, swearing an oath of divorce and conditioning it on a contingency brings about divorce upon breach of the condition, and this is the fatwa. However, Sheikh Al-Islam Ibn Taymiyyah holds the view that swearing an oath of divorce with the intention of emphasizing, prohibiting, or encouraging does not bring about divorce; rather, the one who swore the oath must pay an expiation for breaking an oath.
A husband's statement to his wife, "You are like my mother and my sister," is considered ẓihār if there is an indication supporting it, such as when it is said as an oath or during a dispute or in anger.
In the event of divorce and ẓihār, if the divorce is less than three pronouncements, the husband may take his wife back before her waiting period (ʿiddah) expires. However, he is not permitted to touch her before performing the expiation for ẓihār, which is: freeing a slave. If he cannot find one, then fasting for two consecutive months. If he is unable to do that, then feeding sixty poor people. The expiation for ẓihār is not repeated with the repetition of the words of ẓihār; rather, one expiation is sufficient.
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