Does a divorce take place if a man says to his wife, "By divorce, this thing did not happen," when his intention was something else than what she asked about, and he did not intend to divorce her?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
A husband is not permitted to jeopardize his marital life by excessively using words related to divorce. He can use allusions (ma'areed) instead of swearing. A wife is not permitted to ask her husband to recount his past sins, and she would be unjust to him if she forced him into such a situation. An oath is based on the intention of the one swearing, if he is wronged. The divorce mentioned in the question is not effective, and there is no expiation, but it is advised to avoid swearing by divorce. It is preferable to refer to the competent Shariah authorities regarding such matters.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 42289
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