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The question

Does a divorce that was issued with the intention of frightening and threatening a wife who was unaware of the oath take effect?

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

The question indicates that the questioner swore an oath of divorce not to give his brother a car or a sum of money. In this case, the we adhere to is that an oath of divorce leads to divorce upon breaking the oath, whether it was intended for divorce, threat, prohibition, urging, or emphasizing. This is the view of the majority of scholars. However, Sheikh al-Islam Ibn Taymiyyah holds the view that an oath of divorce not intended to suspend divorce, but rather for threat or emphasis, has the same ruling as an oath by Allah. If the oath is broken, the one who swore it must offer expiation for an oath, and no divorce occurs. Therefore, if you have broken your oath, a divorce has occurred. If you have not broken it, no divorce has occurred.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
134178
Imported
Translation status
Source text, unreviewed
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