What is the ruling regarding someone who, in a moment of anger, said to his wife, "By divorce, I will not operate that device," then operated it after the dispute had calmed down, and has a divorce occurred?
The majority of scholars hold that divorce occurs when one swears by it and then breaks the oath, even if the one swearing did not intend divorce. This is the preponderant opinion. If you swore by divorce not to turn on a device and then you turned it on, divorce occurs according to the majority. However, Ibn Taymiyyah is of the view that an expiation for an oath is due if divorce was not intended. Divorce does not occur if you intended not to turn on the device for a specific period and then turned it on after that period expired, or if the reason for the oath ceased without your action. The divorce of an angry person does not occur if his anger was so severe that he was unaware of what he was saying; otherwise, it is binding.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 116847
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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