If a husband swore an oath by divorce that he would not do two things, and he did one of them, then took his wife back, does another divorce occur if he does the second thing, knowing that he intended the oath and not divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Scholars have differed regarding the ruling on swearing by divorce and making it conditional. The majority of them hold that divorce occurs absolutely upon breaching the oath, and this is the we adopt. However, Sheikh Al-Islam Ibn Taymiyyah is of the view that if swearing by divorce is intended for emphasis, prevention, or encouragement, divorce does not occur; rather, the one who swore is obligated to pay an expiation for an oath (kaffarat ). Knowing what constitutes a breach depends on understanding the wording used by the husband when he swore and his intention at that time.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 141213
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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