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Does divorce occur if the husband swears by divorce not to sell his car and then sells it, given that the oath was made during the engagement period?

1 min readAlso available in العربية

The majority of scholars hold the view that if someone swears an oath of divorce and then breaks it, his wife is divorced, whether he intended to effect the divorce or merely to threaten. Some scholars, like Ibn Taymiyyah, consider it akin to swearing by Allah, and it necessitates an expiation for breaking an oath (kaffarat yameen). The fatwa (religious edict) is issued according to the opinion of the majority. Therefore, if the husband sold the car, he has broken his oath, and the divorce has occurred, unless his intention was to refrain from selling it at a specific time or in a specific manner, and he sold it at a different time or in a different manner. If the divorce occurred before consummation or valid seclusion, it is an irrevocable divorce (ba'in), and he cannot take her back except with a new marriage contract. It is advisable to present this issue to trustworthy scholars due to the details and differing opinions surrounding it.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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