Does a divorce that was pronounced with the intention of تهديد (threatening) and later retracted take effect, especially if the wife is pregnant and has forgotten the reason for the oath?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, and this is the fatwa. However, Sheikh al-Islam Ibn Taymiyyah is of the opinion that if the intention behind it was not to make divorce conditional but rather to threaten or emphasize, then its ruling is that of an oath by Allah, requiring the one who swore it to pay an expiation for an oath, and divorce does not occur. If the wife disobeys forgetfully, there is a difference of opinion regarding the occurrence of divorce. If this is the first divorce, the wife can be taken back before the expiry of her 'iddah.
Summarized from the full answer at Ftawy · imported
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- Source platform
- Ftawy
- Original fatwa ID
- 133350
- Imported
- Translation status
- Source text, unreviewed
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