Does divorce occur if a man swears by divorce, making it contingent upon a specific action to please his wife, while not intending divorce, knowing that he has children?
You must treat your wife kindly and appropriately. It is forbidden to harm her verbally or physically. If you made a divorce conditional on a reprehensible act to please your wife, you cannot retract it. If you return to that act, divorce occurs according to the majority of scholars. You may take her back before her waiting period expires, provided it does not complete three divorces. Sheikh Al-Islam Ibn Taymiyyah is of the opinion that an expiation for an oath is required if you did not intend divorce. It is not permissible for the wife to seek divorce without a legitimate reason; otherwise, she will be deprived of the scent of Paradise.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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