Dar al-Ifta Clarifies Repeated Kaffarah for Oath of Divorce and Wife’s Repeated Violation
Dr. Atiya Lashin explains whether the expiation (kaffarah) for an oath of divorce is repeated with each violation or counted once based on intention.
Dr. Atiya Lashin, a member of the Fatwa Committee at Al-Azhar, responded to a question regarding the ruling of an oath of divorce and whether the expiation must be repeated every time the wife violates the condition, or whether a single kaffarah is sufficient.
Ruling on swearing by other than Allah and divorce oaths
Warning against oaths not sworn in Allah’s name
He explained that Islamic law prohibits swearing by anything other than Allah, citing the Prophet ﷺ:
“Whoever is going to swear, let him swear by Allah or remain silent.”
He clarified that:
- Oaths must be sworn only by Allah
- Swearing by other than Allah is a form of improper reverence
- It is strictly discouraged in Islam
Does kaffarah repeat or remain once?
The ruling depends on intention
The scholar explained that the ruling varies depending on the husband’s intention:
- If the oath was tied to a specific time or situation:
👉 One kaffarah is sufficient for the first violation - If the intention was a continuous condition:
👉 Kaffarah is repeated with each violation
Case of using divorce as a threat
When divorce is not intended
If the husband used the wording only as a threat and did not intend actual divorce, then:
- Each violation may require kaffarah
- Repetition depends on repeated breaches
- Provided that kaffarah is performed between violations (interlinked expiations)
Concept of overlapping expiations
When is one kaffarah enough?
If multiple violations occur without performing expiation in between, they may be counted as one kaffarah, known as:
- Overlapping or combined kaffarah
- Meaning multiple violations are grouped together before expiation
Conclusion
The ruling depends entirely on intention:
- Temporary intention → one kaffarah
- Continuous condition → repeated kaffarah
- Threat without intent → depends on repetition and whether expiation was performed
FAQ
Is swearing by divorce allowed in Islam?
It is discouraged and should be avoided.
Does kaffarah repeat every time?
Yes, if the intention was continuous and no expiation was done between violations.
When is one kaffarah enough?
When the oath is tied to a specific situation or time.
What is overlapping kaffarah?
When multiple violations occur before expiation, they may be treated as one.
Does an oath of divorce automatically cause divorce?
It depends on intention and scholarly interpretation.
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