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?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 89405
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy