Does a husband's divorce oath take effect if he was deprived of his wife due to her shortcomings in fulfilling his rights, even if he was not angry when he uttered the oath?
It is not permissible for a wife to fall short in fulfilling her husband's rights, and she must obey him in matters that do not involve disobedience to Allah. Regarding the divorce oath uttered by the husband, if he conditioned the divorce on intercourse by saying: "If I have intercourse with you, then you are divorced," or "By divorce, I will not have intercourse with you," then if intercourse occurs by the penetration of the glans into the vagina, divorce takes place. This is the view of the majority of scholars. However, Shaykh al-Islam Ibn Taymiyyah holds that an expiation for an oath becomes obligatory upon him if he did not intend divorce but rather a threat. This oath constitutes an ila'.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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