What is the ruling on swearing an oath of divorce concerning something in the past, such as the husband saying to his wife: "Divorce upon me that you were the one who closed it"?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If a man swears by divorce concerning a past event, and he is truthful, then no divorce occurs. If he believes himself to be truthful, even if the reality is contrary to what he believes, the preponderant opinion is that no divorce occurs. This is a view held by the Shafi'is and Hanbalis and was chosen by Ibn Taymiyyah. However, if he intentionally lies when swearing by divorce, the majority of scholars hold that divorce occurs. Ibn Taymiyyah disagreed with this, but he would be required to repent for lying. It is advisable to avoid swearing by divorce due to the severe consequences that may result from it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/181072
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 181072
- 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