Back to search
The question

What is the ruling on repeatedly swearing by divorce to one's wife, given that the wife sometimes fulfilled what he wanted? Does divorce occur each time?

Share this answer

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

It is impermissible to swear by other than Allah. Swearing by divorce, in particular, should not be undertaken, as it involves committing a forbidden act and exposing the marriage to dissolution. The questioner mentioned uttering divorce four times: The first utterance is an immediate divorce, the occurrence of which is undisputed. The third utterance does not constitute a divorce because the condition upon which it was contingent did not occur. As for the second and fourth utterances, there is a difference of opinion among scholars concerning them; the majority holds that divorce occurs, as it is a contingent divorce based on something that has already occurred. Others, however, view it as a threat of divorce rather than an actual divorce, and it necessitates an expiation for breaking an oath. Based on the opinion of the majority, the questioner's wife is irrevocably divorced from him with a major divorce (baynunah kubra). It is advisable to refer the matter to the Sharia court to resolve the dispute.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
63989
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy