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The question

Does divorce occur if the husband swears by divorce not to sell his car and then sells it, given that the oath was made during the engagement period?

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

The majority of scholars hold the view that if someone swears an oath of divorce and then breaks it, his wife is divorced, whether he intended to effect the divorce or merely to threaten. Some scholars, like Ibn Taymiyyah, consider it akin to swearing by Allah, and it necessitates an expiation for breaking an oath (kaffarat yameen). The (religious edict) is issued according to the opinion of the majority. Therefore, if the husband sold the car, he has broken his oath, and the divorce has occurred, unless his intention was to refrain from selling it at a specific time or in a specific manner, and he sold it at a different time or in a different manner. If the divorce occurred before consummation or valid seclusion, it is an irrevocable divorce (ba'in), and he cannot take her back except with a new marriage contract. It is advisable to present this issue to trustworthy scholars due to the details and differing opinions surrounding it.

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Where this answer came from
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Ftawy
Original fatwa ID
159357
Imported
Translation status
Source text, unreviewed
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