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The question

Is a man's statement, "I swear by divorce that I will marry her," while he is angry and does not intend divorce, considered a divorce, and what should he do?

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

If you swore an oath by divorce verbally, with the intention of threatening or emphasizing, not with the intention of effecting a divorce, then this oath is a matter of dispute: The majority of scholars hold that divorce occurs upon breaking the oath, while Shaykh al-Islam Ibn Taymiyyah holds that its ruling is like an oath by Allah; upon breaking it, an expiation for an oath becomes obligatory, and divorce does not occur. If you did not intend a specific time for your marriage, then you only break your oath by your death before marriage. The Malikis hold that if you resolve not to marry, divorce occurs. It is best to present these matters to trustworthy scholars. The permissible oath is by Allah, and swearing by divorce is among the oaths of the dissolute and has grave consequences.

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Ftawy
Original fatwa ID
154053
Imported
Translation status
Source text, unreviewed
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