What is the ruling on one who swore by Allah not to return to committing a forbidden act, and affirmed his oath with the word of divorce without intending it?
If someone swears by Allah to abandon a certain act and emphasizes it by saying, "If I do it, then my wife is divorced," then if he breaks his oath and performs the act he swore to abandon, he is obligated to offer an expiation for a broken oath (feeding ten poor people, or clothing them, or fasting three days if he cannot find either). As for the conditional divorce, the view of the majority of scholars is that the divorce takes effect, while some (such as Ibn Taymiyyah) hold that if he did not intend divorce but rather affirmation, then the divorce does not take effect, and he is obligated to offer an expiation for a broken oath. The fatwa with us is the view of the majority. So, if he performs the act he swore to abandon, his wife is divorced, and he may take her back during her 'iddah (waiting period) if he has not completed three divorces. If he does not perform it, then there is no divorce and no expiation. It should be noted that using oaths to compel oneself to abandon sins is not a sound approach.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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