Back to search
The question

Does divorce occur by saying, "I divorce my wife if they had given me permission, I would have opened a million laboratories," and is expiation for breaking an oath (kaffarat yamin) required for that?

Share this answer

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

Oaths of divorce should be avoided, as they are oaths of the wicked and endanger the marriage. In this case, the divorce does not take effect if you did not find a license, because the condition upon which the divorce was suspended did not occur. However, if you found a license and opened one laboratory, and this was your intention, then you have fulfilled your oath, for the basis of an oath is the intention of the swearer. As for your statement, "I did not intend divorce at all," it holds no weight with the majority of scholars, because an explicit utterance does not require an intention. Ibn Taymiyyah held that if an oath of divorce is not intended to effect divorce, then an expiation for an oath is required.

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
108757
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy