Is the determining factor in a conditional divorce oath the absolute wording, or the intention of the one swearing the oath? And does the ruling apply to any utterance, or to what the one swearing the oath intended?
Conditional divorce, such as saying: "If I hear your voice, you are divorced," is a matter of dispute among jurists. The majority of them hold that divorce occurs upon the fulfillment of the condition, regardless of the husband's intention. However, some scholars, including Sheikh al-Islam Ibn Taymiyyah, are of the view that its occurrence depends on the intention of the one who uttered it: if he intended prohibition or encouragement, then divorce does not occur, and he is obligated to pay an expiation for a broken oath (kaffarat yamin) upon breaching it; but if he intended to effect divorce, then it occurs. The fatwa adopted on this website is to take into consideration the husband's intention. The husband's intention is also considered in determining his aim and the duration. So, if his intention was to prevent his wife from raising her voice to a degree that neighbors could hear it, and that did not happen, then divorce does not occur. In summary, if the husband did not intend divorce but rather prohibition, then he is obligated to pay an expiation for a broken oath, and divorce does not occur. If he intended divorce, then it occurs. If he intended to prevent her from raising her voice and she lowered her voice, then he does not breach his oath, and nothing is binding upon him. The husband must fear Allah and not use divorce for threatening or oppressing.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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