Is this considered a divorce (talaq) even if the intention to divorce was not recalled at the time of the oath?
An oath sworn by divorce is subject to the ruling on conditional divorce. If the wife does that upon which her divorce was conditioned, then, according to the majority of jurists, the divorce takes effect, regardless of whether divorce or a threat was intended. This is contrary to the view of Ibn Taymiyyah, who holds that it does not take effect if the intention was not to enact divorce, and an expiation for an oath becomes binding. The view of the majority is the one adopted for issuing fatwas.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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