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?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/56513
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 56513
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy