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The question

Is the aforementioned text considered an oath or a divorce?

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

We have previously clarified the scholarly disagreement regarding swearing an oath by divorce, whether it is a conditional divorce that takes effect upon breaking the oath, or an oath that requires expiation if the person breaks it. It appears from the question that the husband's statement: "You are divorced in any case, whether you return to my house or not" is considered an immediate, enforceable divorce, as it is explicit and directed at the wife. He may take her back before her waiting period (iddah) ends, provided this divorce does not complete the three divorces.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
116555
Imported
Translation status
Source text, unreviewed
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