Does a divorce take effect if you swore to your wife by divorce that she must leave a place she did not wish to leave, and she only left with her brother's presence and after being forced to leave?
An oath of divorce (al-halif bil-talaq) falls under the ruling of conditional divorce (al-talaq al-mu'allaq). Divorce occurs upon breaking such an oath, according to the majority of jurists, whether the husband intended divorce or merely a threat. Some scholars, like Ibn Taymiyyah, hold that divorce does not occur if the husband did not intend divorce, and only an expiation for an oath (kaffarat yamin) is required.
If the intention was merely for her to leave the place, whether willingly or unwillingly, and she did not leave in the manner you intended, then there is no breaking of the oath. However, if you intended for her to leave by herself or at a specific time, and then she was made to leave or left after the specified time, then you have broken the oath.
Divorce occurs according to the view of the majority. According to Ibn Taymiyyah's view, only an expiation for an oath is binding upon you if you intended a threat. It is advisable to consult with scholars or an Islamic court. Marital disputes and divorce pronouncements should be avoided. The lawful oath is by Allah Almighty.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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