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The question

What is the ruling of Islamic law regarding the words of an oath of divorce uttered in a state of anger, and does it constitute a divorce, or is expiation required?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The oath of divorce is one of the oaths of the wicked and it is impermissible to take it, based on the Prophet's (peace be upon him) saying: "Whoever swears an oath, let him swear by Allah or remain silent." It also exposes the marriage bond to dissolution and makes divorce contingent upon an action that, according to the majority of scholars, triggers divorce. However, Shaykh al-Islam Ibn Taymiyyah held that if the intention was to urge or prevent, then it does not constitute a divorce but rather an oath, and its expiation is like the expiation of an oath. Your statement to your mother-in-law, "Your daughter is divorced," is an explicit divorce. If you intended emphasis by repeating it, it counts as a single divorce. If you intended to initiate divorce with each utterance, then it counts as multiple divorces according to the majority of scholars. However, Shaykh al-Islam Ibn Taymiyyah held that it counts as a single divorce. Anger does not prevent the occurrence of divorce as long as you are aware of what you are saying.

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Ftawy
Original fatwa ID
127790
Imported
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Source text, unreviewed
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