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Does a divorce take effect for someone who swore by divorce to wait for a friend for a quarter of an hour, and then it became clear that he only waited for 13 minutes?

1 min readAlso available in العربية

Scholars differ concerning a man who swore by divorcing his wife regarding something he assumed to be true, but it turned out to be otherwise. The Malikis and Hanafis hold that the divorce takes place, while the Shafi'is hold that it does not take place, which is the view Shaikh al-Islam preferred. According to the first opinion, the divorce occurs, and the husband can take back his wife as long as she is within her waiting period (iddah), provided it is the first or second divorce. As for the Shafi'i view, the divorce does not occur as long as the swearer swore based on his assumption. In such cases, it is preferable to refer to the Sharia courts.

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

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