Does a divorce occur with the statement: "It is Haram for me and by divorce I will not go out with you again," if the statement was uttered in a moment of extreme anger and there was no intention of divorce, and is expiation required if the divorce does not occur?
If the oath was taken before the marriage contract, it has no effect. However, if it was taken after the contract, and the one who swore intended divorce by "going out with his friends," then a divorce has occurred. As for swearing by حرم (), there is a difference of opinion regarding it. The preponderant view is that if divorce was intended by it, then it is a divorce; if ẓihār was intended, then it is ẓihār; and if an oath was intended, or nothing specific was intended, then an expiation for an oath is due. It must be noted that swearing to forbid one's wife (تحريم الزوجة) or to divorce her is not legislated; what is legislated is swearing by Allah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 120430
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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