Does the oath of divorce issued by a father in a state of anger take effect, and must the son abide by it, knowing that the father tried to convince his son that his intention was not divorce?
The fatwa that we adhere to is that if a husband breaks an oath of divorce, his wife is divorced, even if he did not intend divorce. This is the view of the majority of jurists. Ibn Taymiyyah, however, holds that divorce does not occur if the husband did not intend divorce, and he must pay an expiation for an oath (kaffarat yameen) if he breaks it. Anger does not prevent the occurrence of divorce if the person is aware of what he is saying. We advise caution against causing the father to break his oath so that divorce does not occur. One may adopt the view of Ibn Taymiyyah to avoid hardship. It is necessary to beware of anger and to control oneself. As for the expiation for an oath, fasting is not sufficient for it except after being unable to free a slave, feed the poor, or clothe them.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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