I made an oath to divorce my wife e...

Egypt's Dar Al-Ifta

I made an oath to divorce my wife every time she lies, is this a valid divorce?


I told my wife "I swear by Allah that for every lie you say I divorce you whenever I remember this oath". I did not have a specific intention when I said this and I do not know whether I only wanted to deter her from lying or to effect divorce if she does. My oath was a hasty reaction to her refusal to swear to never lie to me again. What is the ruling for this?


The opinion chosen for this fatwa and the ruling derived from the opinions of some scholars, is that conditional divorce is effective if the conditions occur and on the condition of the existence of the intention for divorce.

Based on this and in reference to the question, since the enquirer is unsure of his intention when he made this divorce contingent upon his oath, then his doubt renders the divorce ineffective. This is because the principle is that the marriage is still valid and remains as it is because certainty is not removed by doubt—certainty being the continuation of marital life that existed prior to making the oath for a conditional divorce, and doubt is the uncertainty of whether the marriage has been dissolved due to his wife lying. Based on this, if your wife lies, your oath does not effect divorce

Allah Almighty knows best.

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