Swore That his Wife Be Divorced if He Does Something
Fatwa No: 376780

Question

Assalamu alaikkum I made the oath as my wife will be divorced whenever I do a particular thing I did it once . Will my be divorced whenever I do that thing or only at once.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

We did not clearly understand what is meant by your saying that you made an oath that your wife will be divorced.

It is probable that it is a promise of divorce, and making an oath on this promise; so if this is what you had intended, then the promise of divorce does not lead to divorce, and it is not recommended for you to fulfill such a promise. Rather, it is better to withdraw it.

Ibn Taymiyyah said in his book Majmoo’ Al-Fataawa:

"The promise of divorce is not effective even if the wordings used are many, and it is neither obligatory nor desirable to fulfil this promise." [End of quote]

However, you are obliged to expiate for the oath if you had made the oath by Allah, or by anything that takes the same ruling and which makes the oath binding if you do not divorce.

But if you had intended to initiate the divorce, meaning that she is divorced immediately once you do that thing, then divorce becomes effective once you do that thing.

Divorce will repeat by you repeating the act because you used a word that requires repetition, which is your saying "whenever".

We warn against swearing by divorce as it is dispraised and the Salaf (righteous predecessor) called it the oath of the dissolute people. Moreover, such an oath may cause difficulty to the person if divorce takes place, as the family will break up.

Spouses should be keen on mutual respect and understanding between them. Allah Says (what means): {And do not forget graciousness between you. Indeed Allah, of whatever you do, is Seeing..} [Quran 2:237]

Allah knows best.

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