Does divorce occur by an oath if I swore an oath upon my wife to do something and she refused, knowing that I did not intend divorce, and does divorce occur by utterance or by intention, and what is the expiation for an oath?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Your statement to your wife, "Your place is with your family," is a metaphor for divorce, and divorce does not occur by it except with the intention. So, as long as you did not intend divorce, it does not occur due to your wife's disobedience to you. However, if you do not send her to her family and leave her as you swore, then you must pay an expiation for breaking an oath: feeding ten poor people or clothing them. If you cannot find them, then fasting for three days. Marital disputes are only resolved with gentleness and wisdom.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/120834
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- Ftawy
- Original fatwa ID
- 120834
- 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.
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- Read the full answer on Ftawy