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What is the ruling on a man saying to his wife while angry, "Upon divorce, I will no longer sleep with you (have intercourse with you)," knowing that he had divorced her once during the engagement period? Does this constitute a divorce, and what is its expiation? Is it a condition for witnesses and a sheikh to be present to take her back, should that become obligatory?

1 min readAlso available in العربية

Anger does not prevent the occurrence of divorce. Your statement to your wife, "By divorce, I will no longer have intercourse with you," is a suspension of divorce upon intercourse. If you have intercourse with her, divorce occurs according to the majority of scholars. You are obligated to perform an expiation for breaking an oath, according to Ibn Taymiyyah, if you did not intend divorce.

If the divorce occurs, you can take her back before her waiting period ends, provided this divorce does not complete the three divorces. If the waiting period ends, a new marriage contract is necessary. However, if this divorce was preceded by two divorces, she becomes unlawful for you until she marries another husband.

Regarding divorce during the engagement period: If it was before the legal marriage contract, it does not occur. However, if it was after the contract but before consummation, it is an irrevocable divorce that requires a new contract. If you do not renew the contract, she is a stranger to you. Your divorce suspended upon intercourse does not occur then due to the absence of a marital bond at that time.

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

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