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Fatwa CenterThreatening with divorce is not divorce
Question
I was talking with my wife about some topic. She kept on arguing with me. Being bored with talking on the same topic, I said to her, “Will you shut up or I will take an oath against you? Do not speak again about this topic!” She asked me whether I am going to take an oath of divorce and I answered in the affirmative. The next day, she asked me whether I took an oath or not. I replied in the negative adding that this is considered an oath (of divorce). Then, we talked again about the same topic.
Does the oath remain in effect? It should be known that I intended to threaten her and did not pronounce the word of divorce at all. If the oath remains in effect, does our talk about the same topic again result in breaking the oath? I need your quick reply because we are confused and divorce is to be taken seriously, whether it is said seriously or in jest.
May Allaah Reward you.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Saying to the wife “Will you shut up or I will take an oath against you?” is threatening to take an oath, not taking it. His answer to her question about taking the oath means that the oath will be one of divorce. Saying on the next day that the words are considered an oath of divorce is telling something that did not happen in reality.
Accordingly, there was no oath. Rather, it was threatening to take an oath. Hence, there is no divorce effected by talking about the topic – which was the question of threatening – because there was no oath in the first place.
Allaah Knows best.
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