Does a divorce take effect with the husband's words "I divorce my wife" if the wife denied something that did not happen, then he swore again by an oath of divorce that he does not want her, claiming that his intention is what matters most and that his expiation is 100 EGP, which can be deducted from 1000 EGP he had previously given to help orphans?
As for the first oath of divorce, the husband swore based on a mistaken assumption, and we have concluded that the divorce does not take effect, and no expiation is required of him due to the absence of a breach of oath. As for the other oath, it refers back to the husband's intention in his statement "he does not want you." Assuming a breach of oath, divorce occurs according to the majority of scholars, although some scholars hold that only an expiation for an oath is required. If expiation becomes necessary, its specific categories must be observed, and most scholars do not permit giving its monetary value. It is also not permissible to count what was given as charity as expiation. The majority of scholars consider expiation to be valid before the breach of oath. We advise the spouses to communicate and avoid using divorce pronouncements as a means of resolution, as swearing by divorce is an reprehensible act.
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