Does a divorce take place if the husband swears an oath of divorce that he will not return to using hashish, and then he returns to it?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The we follow is that divorce occurs when the husband breaks his oath, and he can reconcile with his wife if the divorce is not the third and final one. Some scholars, like Ibn Taymiyyah, are of the opinion that if the husband did not intend divorce but rather sought to emphasize his point, then he must offer expiation for breaking an oath, and no divorce occurs. The husband must repent from consuming the forbidden hashish, and if he does not repent, it is preferable for the wife to separate from him through divorce or khul'.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 172461
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