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The question

What is the religious ruling on a husband making his wife swear by divorce pronouncements, and what is the ruling on the wife subsequently filing for Khulʿ?

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

The phrase "you will become divorced" does not effect a divorce. However, the phrase "O divorced one" is an explicit declaration of divorce, and divorce is effected by it whether the husband intended it or not. Ibn Qudamah mentioned in "Al-Kafi" that explicit divorce refers to the word "" (divorce) and its derivatives, such as "you are divorced," "divorced," "I divorced you," or "O divorced one."

This issue is a matter of disagreement among scholars, so it is advisable to consult the specialized authority or Dar al-Ifta ( Council).

It is preferable to strive for reconciliation and for wise individuals to intervene, as Allah Almighty has encouraged reconciliation between spouses in the Quran.

Divorce and khul' (a wife seeking divorce from her husband by returning the dower) often have severe consequences, and it is not permissible for a woman to seek divorce or khul' without a legitimate reason.

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Ftawy
Original fatwa ID
184592
Imported
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