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The question

What is the ruling on a husband returning to swear by divorce, after he swore by divorce upon himself that if he were to swear by it again, his wife would be divorced from him?

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

Swearing by divorce is subject to the ruling of conditional divorce. If the condition sworn upon is met, divorce takes place according to the majority of jurists, whether the husband intended divorce or not. If the husband does not specify a time for a certain action, divorce does not occur unless the action becomes impossible, such as death. As for the husband's statement: "By divorce, if you say 'by divorce' again, you are divorced from me," the previous disagreement between the majority and Ibn Taymiyyah applies here. Divorce is not repeated by the repetition of the oath unless the husband intended it. It must be noted that swearing by divorce is among the oaths of the dissolute, and those who mock the rulings of Allah frequently use it.

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Source platform
Ftawy
Original fatwa ID
127436
Imported
Translation status
Source text, unreviewed
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