What is the ruling on swearing by divorce in the aforementioned cases, and does divorce occur in any of them, and is what happened considered an irreversible divorce, and what are the consequences for reconciling with the wife?
The statement "upon oath" or "by oath" is not an explicit pronouncement of divorce. Its meaning depends on the intention:
1. If the intention was to urge and not to divorce: Divorce does not occur if she does not go, and an expiation for breaking an oath (kaffarat ) becomes obligatory. 2. If the intention was divorce: The wife is divorced if she does not go. 3. Regarding absence after going: If the intention was absolutely no absence: Divorce occurs. If the matter of absence after going did not cross his mind: Nothing occurs (no divorce). 4. In case divorce occurs: A single divorce occurs.
It should be noted that divorce pronounced in a state of anger has a detailed ruling. Moreover, if divorce occurs and is then repeated during the waiting period (') before reconciliation, only the first divorce counts, according to the preponderant opinion. It is advisable to refrain from using divorce pronouncements.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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