Does a divorce take place if the husband swears to himself not to approach his wife or speak to her for a month, and tells her that he has sworn an oath of divorce, knowing that she is pregnant?
If a husband swears to divorce his wife to himself, there are two possibilities:
1. Self-talk ( al-Nafs): If he spoke to himself about the oath and did not utter it aloud, then nothing is binding upon him, and the divorce does not occur. This is based on the Prophet's (peace and blessings be upon him) saying: "Indeed, Allah has pardoned for my Ummah what they whisper to themselves, as long as they do not act upon it or speak it." This is the view of the majority of scholars.
2. Uttering the oath in solitude: If the husband utters the oath aloud while alone, then it is a conditional divorce. If he speaks to his wife or approaches her before the end of the month, the divorce takes effect according to the majority of scholars (the four madhhabs). Ibn Taymiyyah, however, holds the view that he is only required to pay an expiation for breaking an oath (kaffarat ) if he did not intend the divorce.
Pregnancy does not prevent the occurrence of divorce, by agreement of the scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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