Does divorce occur for someone who falsely claimed to have made a conditional divorce before marriage, then got married, regardless of whether he violated the condition before or after marriage? And does his false claim of having adopted a fatwa from schools of thought that allow divorce before marriage necessitate divorce upon him?
Whoever falsely claims to have made his wife's divorce conditional upon a certain matter, no divorce occurs by it, even if the wife does that matter. So, if someone says, "I swore, but I did not swear," it is a lie, and there is no oath upon him. And if he says, "I swore by divorcing my wife thrice that I would not do such-and-such," and he was lying, then he did it, he has not broken an oath, and his wife is not divorced. Following the opinion of those who say that conditional divorce before marriage takes effect has no bearing here, because he did not actually divorce; rather, he was lying. Lying is forbidden and is a major sin that should not be taken lightly except out of a necessity that is recognized by Sharia. Marriage is one of the rituals of religion, and the Quran called it a "solemn covenant."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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