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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?

1 min readAlso available in العربية

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.

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

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