Does Divorce by Oath Using the Phrases “Upon Me Be Divorce” or “Upon Me Be Prohibition” Take Effect? What Are the Conditions for Its Validity? And Does a Second Divorce Occur During the Waiting Period?

Many questions arise regarding divorce by oath through commonly used expressions such as “Upon me be divorce” or “Upon me be prohibition”, and whether such statements result in a valid divorce. Another important issue is whether a second divorce takes effect during the waiting period (ʿiddah) of the first divorce. These matters have been clearly regulated by the Personal Status Law.

First: Does Divorce by Oath Using These Phrases Take Effect?

Divorce does not take effect when such expressions are used merely as an oath, threat, encouragement, or prevention, without addressing the wife directly or intending to dissolve the marital relationship.

Example:

If a man says to his friend:

“Upon me be divorce” or “Upon me be prohibition” if you enter my house.

📌 In this case, no divorce occurs, because the statement was not directed at the wife and there was no intention to end the marriage.

Second: What Are the Conditions for Divorce to Take Effect When Using Oath-Like Expressions?

Divorce using such wording takes effect only if all of the following conditions are met simultaneously:

1. The divorce statement directly addresses the wife.
2. The wife is expressly linked to the wording of divorce, such as saying: “You are divorced.”
3. There is a clear intention to effect divorce at the time the statement is made.

❗ If any of these conditions is missing, no legal effect of divorce arises.

Third: Does a Second Divorce Occur During the Waiting Period (ʿIddah)?

A divorce does not take effect during the wife’s waiting period (ʿiddah) under the Personal Status Law.

Article (81) of the Personal Status Law provides that divorce shall not occur unless:

1. The woman is in a valid marriage, and
2. She is not in a waiting period (ʿiddah).

Accordingly, a second divorce pronounced during the waiting period of the first divorce has no legal effect.

Legal Basis

• Article (81) of the Personal Status Law
• Article (90) of the Personal Status Law

Legal Summary

• Divorce by oath using phrases such as “Upon me be divorce” or “Upon me be prohibition” does not take effect unless directed at the wife with intent to divorce.
• Valid divorce requires explicit wording, identification of the wife, and intention.
• No divorce occurs during the waiting period by explicit legal provision.