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What is the ruling on marriage and conjugal relations after swearing by divorce with the intention of expiating an oath in two separate incidents? And what is the reality of the marital problems that followed these oaths; are they due to them or to the whispers of Satan?

1 min readAlso available in العربية

Firstly: Swearing by divorce, such as saying, "By divorce, you will not hang up," is an oath, and it necessitates an expiation for breaking an oath (kaffarat yamin), unless divorce was intended, in which case it takes effect.

Sheikh Ibn Uthaymeen clarified the categories of contingent divorce: 1. Pure condition: Divorce occurs in all cases (Example: "If the sun sets, you are divorced"). 2. Pure oath: Divorce does not occur, and it entails an expiation for breaking an oath (Example: "If I speak to Zayd, my wife is divorced," intending to refrain). 3. Ambiguous (potentially both): It depends on the intention of the one making the condition (Example: "If you leave the house, you are divorced"). If he intended divorce, it occurs; if he intended prevention, then the oath requires an expiation for breaking an oath.

Secondly: The statement "By divorce, if you turn it on, I will divorce you" is a contingent divorce, and its ruling depends on the speaker's intention: - If he only intended prevention and she did not obey, he must offer an expiation for breaking an oath. - If he intended to divorce her for her disobedience, the divorce takes effect upon the occurrence of the disobedience. If there is doubt about his intention, the default is that the divorce has occurred. It is essential to verify the exact wording, as "If you do such and such, I will divorce you" differs from "If you do such and such, then you are divorced." If you have consulted a Sheikh and he issued a fatwa for expiation for breaking an oath, then adhere to his ruling. It is advisable to refrain from using divorce pronouncements to maintain family stability.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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