What is the ruling on repeatedly swearing by divorce, despite not remembering the number of times, and does this entail a separation between the spouses?
Divorcing by oath is not a light matter, and legal rulings apply to it, differing according to its type: 1. Conditional divorce ( Mu'allaq): Such as saying, "If you do such and such, then you are divorced." If the intention was only to prevent without intending divorce, then an expiation for breaking an oath (kaffarat ) is due. If the intention was for divorce to occur along with prevention and admonition, then the divorce takes effect according to all scholars. 2. Immediate divorce (Talaq Munajaz): Such as saying, "By God, you are divorced." The divorce takes effect without dispute.
The number of divorces issued must be determined. It is advisable to refer to the courts, if possible, to clarify the circumstances and obtain the appropriate legal ruling for the situation.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/31662
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 31662
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy