What is the ruling on one who swears an ambiguous oath of divorce, such as when a man says to his wife's mother: "By divorce, your daughter insulted me," when she did insult him, but jokingly, and he was content with it; or when he says: "She insulted me" (shattamatni) with emphasis on the "t" (ta'), intending one meaning, but the wife's mother understands another? And does divorce occur in these cases?
Whoever swears by divorce, knowing that he is lying, his divorce takes effect according to the majority of scholars.
What the questioner mentioned about "tawriyah" (equivocation), which is when a word has two meanings, one near and one far, and the speaker intends the far meaning, is useful in divorce as it prevents its occurrence. This is because an oath is based on the intention of the swearer.
Therefore, there is no breaking of the oath for the husband in the two examples mentioned in the question, as long as his intention was directed to the meaning in which he was truthful.
We advise avoiding such words and oaths, as they may bring about consequences one cannot avert, and because they are oaths of the wicked.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 113385
- 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