Does a divorce take effect if a man swears to divorce his wife using the phrase "unless I divorce you" while angry?
If the husband swears an oath of divorce saying, "If I do not divorce you, then you are divorced," and he does not specify a time, and he does not divorce her, then the divorce takes effect upon the death of one of the spouses, as that is the time when divorce can no longer occur. The husband's anger does not prevent the divorce from taking effect unless his anger completely deprived him of his sanity. Some scholars, like Ibn Taymiyyah, are of the view that the divorce does not take effect if the husband did not intend to effect a divorce, but rather intended a threat, and he is obligated to offer an expiation for breaking an oath (kaffarat ). The lawful oath is to swear by Allah Almighty, and swearing by divorce is among the oaths of the dissolute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/187762
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 187762
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy