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The question

What is the ruling on one who, in a state of anger, swore an oath by divorce not to go to a certain place, and then went there?

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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 the view that if a person swears by divorce or makes it conditional upon an event and then breaks the oath, his wife is divorced, whether he intended to effect a divorce or merely to threaten. Some, like Ibn Taymiyyah, hold that if he intended only to threaten, he is obliged to pay an expiation for an oath (kaffarat yamin), and divorce is not effected. The authoritative opinion (al-mufta bihi) is that of the majority. So, whoever swears by divorce not to go to a certain place and then goes there, his divorce occurs. If it is not the third divorce, he may take his wife back before her 'iddah (waiting period) expires. The anger of the swearer does not prevent the occurrence of divorce as long as he has not completely lost his awareness. It must be noted that the lawful oath is to swear by Allah the Almighty, and swearing by divorce is among the oaths of the dissolute.

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Ftawy
Original fatwa ID
162434
Imported
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Source text, unreviewed
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