Is the wife divorced if the husband goes up to his family's house and speaks with his sister, after he swore: "Today, that's it, I will not go up and speak to my sister; if I go up and speak to her, you are free of me"?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The husband's statement: "As of today, I will no longer go out and speak to my sister. If I go out and speak to her, you are free from me," is considered a kinayah (allusive) divorce. Divorce occurs through it if the husband intended to effect a divorce upon the occurrence of the action. However, if he did not intend divorce but only intended to restrain himself, then an expiation for a broken oath (kaffarat ) is required, and no divorce occurs. The intention is a matter that rests solely with the husband, and the intention of divorce may vary depending on the circumstances the husband aimed for.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/11772
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 11772
- 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