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The question

What is the ruling on a wife adding someone to her social media whom her husband swore by divorce that she should not communicate with, and merely liking his posts? Does this fall under the oath? And what is the ruling on the wife asking another woman about the same person if she suspects he is the one intended by the oath? Does this fall under the oath of divorce?

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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 that swearing an oath by divorce results in the divorce taking effect upon breaking the oath, and that pronouncing divorce three times counts as three divorces. This is the fatwa that is acted upon. Some scholars, like Sheikh al-Islam Ibn Taymiyyah, hold that if swearing an oath by divorce was not intended to effect divorce but merely as a threat, then an expiation for an oath (kaffarat yameen) is required, and no divorce takes place. They also hold that pronouncing divorce three times counts as one divorce.

Therefore, if the wife spoke to or messaged the man in question, her divorce takes effect based on the widely accepted fatwa. However, according to Ibn Taymiyyah's view, no divorce takes place; instead, an expiation for an oath is required if the intention was merely a threat.

Regarding a woman adding a man's account on social media or liking his posts, this depends on the husband's intention. If he intended to prevent her from any form of communication, then adding the account constitutes a breach of the oath. If he intended to prevent her only from speaking or messaging, then the oath is not breached except by those actions.

If she added a woman's account and it turned out to be the man in question, there is a difference of opinion regarding whether the oath is breached, with the stronger opinion being that it is not.

It is important to note that the permissible oath is by Allah, whereas swearing an oath by divorce is considered among the oaths of the dissolute.

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Ftawy
Original fatwa ID
158083
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