Does a divorce take place if the husband says to his wife: "If you don't enter the room, then you are divorced," and then says again: "If you don't enter, then you are divorced by three," knowing that she entered after five minutes, and that he intended to threaten and not to effect a divorce?
A Muslim should not threaten his wife with divorce every time they disagree, as this is not part of the proper conduct in dealing with wives. Swearing by divorce is impermissible because it is an oath taken by other than Allah. If one swears by divorce upon his wife to do a specific thing, and she does not do it, then she is divorced from him according to the majority of scholars. Some scholars have said that if he did not intend divorce but rather a threat, then he must offer expiation for an oath (kaffarat yamin) if she does not do what he swore upon. Since the wife responded to the husband's request to enter, and the husband did not specify a time for it, no divorce occurs. The husband is advised to fear Allah concerning his wife, and the wife is advised to obey her husband in what is right and proper.
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- Source platform
- Ftawy
- Original fatwa ID
- 40562
- Imported
- Translation status
- Source text, unreviewed
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