What is the ruling on a man telling his wife: "I divorce you if you don't shut up, then your father's day will remain black," knowing that the husband is aware of the wife's father's death?
The we adhere to is that an oath of divorce results in divorce upon breaking the oath, whether the intention was divorce, threat, prevention, urging, or emphasis. This is the view of the majority of scholars. Ibn Taymiyyah, however, holds that it is the ruling of an oath, and if the oath is broken, the one who swore it must pay an expiation for an oath.
If your wife did not become silent when you swore upon her, then she is divorced from you if you do not carry out the threat you warned her with, according to your intention. You may take her back before her waiting period () expires, provided this divorce does not complete the three divorces.
If your wife became silent, or if you carried out your threat after her speaking, then you have not broken your oath.
The permissible oath is by Allah Almighty. Swearing by divorce is among the oaths of the dissolute, and it is not permissible for you to transgress the bounds of Allah concerning your wife and assault her.
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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