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The question

Does divorce take place if the husband says, "By God Almighty, I will go to court and divorce you," and then he does not do so, and what is incumbent upon him if it does not take place?

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

This wording is a promise of divorce confirmed by an oath, and divorce does not occur merely by promising it. Fulfilling this promise is neither obligatory nor recommended. However, expiation is required for breaking the oath made by Allah. The breaking of the oath occurs when the time the husband specified in his oath to go to court for divorce passes, or upon the husband's death if he did not specify a time in his oath. According to the Maliki school, the breaking of the oath occurs when one resolves to abandon the action sworn upon.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
132924
Imported
Translation status
Source text, unreviewed
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