Does divorce occur if the wife works after the husband's oath: "Divorce upon me, you will not work again"?
The majority of scholars hold that divorce occurs when one swears by divorce and then breaks the oath. This is the fatwa we adopt. Some scholars, like Ibn Taymiyyah, are of the view that swearing by divorce, when the intention is not to effect divorce but rather to threaten or emphasize a matter, takes the ruling of swearing by Allah. In this case, the one who swears must pay an expiation for an oath, and no divorce occurs.
Therefore, according to the fatwa we adopt, if your wife takes up employment, her divorce occurs. If this divorce is not the third, you may take her back during her 'iddah (waiting period). However, according to Ibn Taymiyyah's view, if you did not intend to effect divorce by your oath, but rather intended to prevent her from working, then in this case, no divorce occurs if she works, but you must pay an expiation for an oath.
The legitimate oath is swearing by Allah the Almighty. As for swearing by divorce, it is among the oaths of the dissolute, and it may lead to undesirable consequences.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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