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The question

What is the ruling on one who swore an oath of divorce and dhihar—with the intention of divorce—not to do a certain thing, then did it, knowing that he has not consummated his marriage with his wife?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the words "divorce" (talaq) and "zihar" are combined in an oath, with the intention of divorce, and the swearer breaks the oath, then only the divorce occurs. So, if he says, "You are divorced like the back of my mother," she is divorced, and zihar does not occur. If this divorce takes place before consummation (dukhul) and valid seclusion (khalwah sahihah), it is an irrevocable divorce (talaq ba'in) in which reconciliation is not possible except with a new marriage contract.

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Ftawy
Original fatwa ID
150677
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