Back to search
The question

Does a divorce take effect with the statement, "Divorced be it, if you call your mother again, by God, you will remain divorced," if the husband did not intend for the divorce to occur?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Scholars differ regarding the ruling on swearing an oath by divorce and making it conditional. The majority of them hold that divorce occurs absolutely upon breaching the oath, and this is the we adhere to. Sheikh al-Islam Ibn Taymiyyah, however, is of the view that if swearing an oath by divorce is intended for emphasis, prevention, or encouragement, then an expiation for an oath (kaffarat ) is required upon breaching it, and divorce does not occur.

So, if you swore an oath and intended to absolutely prevent your wife from contacting her mother, then if she contacts her, divorce occurs. If you intended to prevent her from contacting her mother during a problem, then if she contacts her during that problem, divorce occurs. If divorce occurs and it is not yet the third divorce, you may take her back before her waiting period () expires. The permissible oath is by Allah Almighty, whereas swearing an oath by divorce is among the oaths of the dissolute.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
153920
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy