What is the ruling on an oath of divorce and ẓihār in a marital dispute where the husband denied cursing his wife and falsely swore by divorce and ẓihār?
If a husband swears by divorce, believing himself to be truthful, his oath is considered a vain utterance (laghw), and neither a divorce nor a Dhihar occurs. However, if he swears by divorce knowing himself to be lying, he has committed a sin, and his divorce and Dhihar take effect according to the majority of scholars, and he must repent. Sheikh Al-Islam Ibn Taymiyyah is of the view that such an oath does not result in a divorce or Dhihar, nor does it necessitate expiation. If the divorce takes effect according to the majority, and it was the first or second pronouncement, he can take her back during her waiting period ('iddah), and he must offer expiation for Dhihar before resuming marital intimacy. If it was the third pronouncement, it is not permissible for her to remain with him, and she must seek a khul' (divestiture). The husband should be advised to refrain from swearing by divorce and Dhihar; the lawful oath is to swear by Allah.
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- Original fatwa ID
- 132750
- Imported
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- Source text, unreviewed
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