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The question

Does a divorce occur if you swear an oath of divorce to inform your father about an act committed by one of your siblings, and then you do not do so out of fear for his health and your mother's, and what are the implications of this oath?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

An oath of divorce is like a conditional divorce according to the majority of scholars. So, if you swore by divorce to do something and you did not do it, then your wife is divorced. You may take her back before her waiting period () ends, if this was the first or second divorce. Some scholars are of the opinion that an oath of divorce does not effect a divorce, but rather necessitates an expiation for an oath (kaffarat ), unless the intention was to effect a divorce upon breaking the oath. The view of the majority is stronger and more cautious.

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Ftawy
Original fatwa ID
89405
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