Back to search

Does a man's saying to his wife: "I swear by divorce that she is not mine" - then taking her back with two witnesses, without her knowledge, because if she knew, she would leave the house - contradict the Sharia, given that this is the first time he has sworn by divorce?

1 min readAlso available in العربية

If someone swears by divorce falsely, their divorce takes effect. If they wish to reconcile with their wife, they may do so, and it is recommended for them to have witnesses for the reconciliation. The wife's lack of knowledge is not influential because the rule is that for someone whose consent is not required, their knowledge is not required. Two divorces remain for him. We point out that swearing by Allah falsely is considered one of the major sins, and whoever does so must repent. It is more prudent for them to offer expiation for this oath, following the opinion of those who obligate expiation in such cases.

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

Read the full answer on Ftawy