Back to search

Does a divorce occur due to the oath "Divorce upon me if you go to the market alone" if the wife went to a market other than the one where the dispute occurred?

1 min readAlso available in العربية

The majority of scholars and the four madhhabs hold that a conditional divorce occurs when the condition is met, and this is the fatwa issued. An oath is specialized by intention and the motivating reason. If there is no intention or reason, the oath remains general. So, if your intention was not to prevent your wife from going to a specific market, and there was no specific reason, then her going to any market would trigger the divorce. However, if the wife was unaware that the market she went to was included in the oath, then, according to many scholars, the divorce does not occur. In the event of a divorce, you may take her back before the 'iddah expires, provided this divorce does not complete the third (talaq).

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

Read the full answer on Ftawy