Back to search
The question

Is saying, "By talaq, I told her to be quiet" considered a divorce or an oath, if said in a state of anger, with doubt as to whether the action (telling the daughter to be quiet) actually occurred?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If you doubt whether the condition upon which the divorce was suspended has occurred, then the divorce does not take place, because the original state is the continuation of the marital bond, and the breaking of the oath is not certain. Al-Khiraqi said: "The certainty of marriage is not removed by the doubt of divorce." Sheikh 'Ulaish said: "And he is not ordered to separate if the husband doubts and does not know the answer to whether he divorced his wife, meaning whether what necessitates divorce occurred from him or not." As for the view of Ibn Taymiyyah, he believes that an expiation for breaking an oath (kaffarat ) is required if the intention behind swearing by divorce or suspending it was to threaten or prevent, not to effect a divorce.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
126181
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy