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What is the ruling of Islamic law regarding the occurrence of divorce in the following cases: if the husband swears by divorce for the wife's failure to adhere to something specific and she does not adhere, and his statement: "I divorce you if the situation remains like this," then a dispute and emotional outburst occurred, and does the divorce occur from the first time or does it require repetition? And what is the ruling of Islamic law on the husband threatening divorce with every dispute and his inability to tolerate his wife?

1 min readAlso available in العربية

1. If the husband swears by divorce that his wife must adhere to a certain matter, and then the wife disobeys, he has the choice either to keep her, in which case he must pay an expiation for breaking an oath (feeding ten poor people, clothing them, or freeing a slave), or to divorce her, in which case no expiation is required of him.

2. However, if he makes the divorce contingent on the continuation of a certain situation (such as disagreement and agitation), the majority of scholars hold that the divorce takes effect upon the fulfillment of the condition upon which it was made contingent, unless the husband intended repetition and did not intend the divorce to occur with just one instance, or his intention was merely to prevent and deter, and he disliked the occurrence of divorce, in which case he is only required to pay an expiation for breaking an oath.

3. The husband’s constant threat of divorce is impermissible and contradicts living together amicably; for marriage is a solemn covenant founded on affection and mercy.

4. When discussing matters, both spouses must strive for reconciliation and gentleness in speech, and accept each other's opinions with an open mind, as Allah Almighty says: "and speak to people kindly," and "And tell My servants to say that which is best."

5. The wife is advised to counsel her husband with kindness, be patient with his disposition, repent to Allah for sins, and seek help from people of knowledge and goodness to advise him.

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

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