Does divorce take place with the statement, "Divorce be upon me if you come down and eat, then you are not my wife and you are of no obligation to me," if the wife comes down and eats, knowing that the husband did not intend divorce?
The majority of scholars hold that swearing by divorce—whether intended as an actual divorce, a threat, a prohibition, an incitement, or an affirmation—results in divorce when the oath is broken. They also hold that a divorce pronounced three times counts as three divorces. This is the .
As for the statement, "You are not my wife, and you are not binding upon me," it is a figurative expression that can imply divorce or something else. However, it is interpreted as a divorce because it was uttered in a state of anger and is commonly used in such contexts. Divorce has occurred upon the breach of the oath. If this was the first or second divorce, you may reconcile with your wife before her ' (waiting period) expires. If it was the third divorce, she is irrevocably divorced from you (baynunah kubra).
It is preferable to present these matters to a court or to trustworthy scholars, and to avoid swearing by divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/130137
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 130137
- 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