Does divorce occur for a man if he tells his wife, "I divorce [you, by] an oath, I will not retract my words and I will not retrieve the down payment," and then he is compelled to retrieve the down payment and retract the matter?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If a person swears an oath concerning a specific thing, intending a particular characteristic of that thing by their oath, and then it becomes clear that the characteristic is different from what they intended, then they do not commit a breach of oath, nor is divorce or expiation incumbent upon them. However, if their intention in swearing an oath by divorce was merely to take an oath, and they did not intend to effect a divorce upon breach, then it is considered an oath like any other, and expiation is required if they breach it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/8240
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 8240
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy