Did the divorce take place because I left the house after my husband swore by divorce that I should not leave, then he swore that I would not leave for three days, and I left on the second day after seeking his permission, and he claims that his intention was not divorce in the first oath, and he forgot the condition of his approval in the second oath?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
What can be said in general is that swearing by divorce falls under the ruling of conditional divorce; thus, divorce occurs upon the fulfillment of that which was sworn upon, according to the majority of scholars, whether the husband intended divorce or not. Ibn Taymiyyah held the view that the husband is obliged to pay an expiation for an oath (kaffarat ) if he did not intend divorce. The view of the majority of scholars is the more preponderant one.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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