Does the divorce uttered by the husband before consummating the marriage on the wedding night take effect by his saying: "Divorce be upon me if I enter the car before I see my father," and then he entered it without seeing his father, knowing that this was in the nature of an oath and he did not intend divorce?
The majority of scholars hold that divorce occurs for the person who swore an oath by divorce and then broke it. If he had not consummated the marriage with his wife before the oath, a new marriage contract is required. Otherwise, he can take her back during her waiting period (iddah). Some scholars, like Ibn Taymiyyah, are of the opinion that divorce does not occur by breaking the oath if the intention was not to divorce, and in such a case, an expiation for an oath (kaffarat yamin) is due. It should be noted that the permissible oath is to swear by Allah the Almighty.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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