What is the ruling on one who swore by divorce not to do something, and then did it?
If the husband swears by divorce that you will not speak to a specific person, and you do speak to them: if you have fulfilled his oath, then the divorce does not occur and the oath is dissolved. However, if you have spoken to the aforementioned person in the manner your husband intended, then divorce has occurred according to the majority of scholars. He may take you back before the 'iddah (waiting period) is complete, provided this divorce does not complete the three divorces. The view of Shaykh al-Islam Ibn Taymiyyah is that your husband may suffice with an expiation for an oath (kaffarat yamin) if he did not intend divorce, but the preponderant view is that of the majority. It must be noted that swearing by divorce is not permissible; it is among the oaths of the dissolute.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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