Is a husband's repeated swearing by divorce at the same time, with the intention of preventing his wife from visiting her family, considered a divorce or an oath for which expiation is due?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If the husband swears an oath of divorce that his wife will not go to her family's house, her going there triggers a divorce according to most scholars, as it is a conditional divorce. However, some scholars, like Ibn Taymiyyah, are of the view that if the divorce oath was intended for urging or preventing and there was no intention of divorce, then an expiation for breaking an oath is required upon transgression, and no divorce occurs. If the husband intended divorce, then the wife's going triggers a single divorce. The husband must fear Allah and refrain from swearing by divorce to avoid falling into what is unlawful.
Summarized from the full answer at Ftawy · imported
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- 11898
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