Back to search
The question

Does divorce occur by the husband's saying: "Divorce upon me if you don't tell me what you're upset about," if the wife does not respond and leaves the place?

Share this answer

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

The majority of scholars hold that if a man swears by divorce and then breaks his oath, his wife is divorced, whether his intention was divorce, threat, or emphasis. However, Sheikh al-Islam Ibn Taymiyyah is of the view that a man who swears by divorce for the purpose of threat or emphasis is obligated to offer an expiation for an oath (kaffarat yameen), and his divorce does not occur. The relied-upon opinion (al-mufta bihi) is that of the majority.

Whether the husband has broken his oath or not depends on his intention behind the information: - If his intention was immediate disclosure, then he has broken his oath, and divorce has occurred according to the majority. He may reconcile with his wife as long as this divorce does not complete the three divorces. If the waiting period (iddah) has not expired, he may reconcile without a new marriage contract. If it has expired, then with a new contract. - However, if his intention was to disclose the information later, then your informing him makes him truthful in his oath, and divorce does not occur.

Informing the husband about the reason for anger previously is not considered fulfilling the oath because his oath pertains to the future. This is unless his intention was for you to inform him about the reason for your anger if there was a reason other than what was mentioned. If there was no such reason, then divorce does not occur.

It should be noted that the lawful oath is to swear by Allah, and swearing by divorce is among the oaths of the wicked and can lead to serious consequences.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
154244
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy