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The question

Does divorce take effect if the husband says: "If you leave your family's home to any place, then you are divorced," and the wife leaves, compelled to go to the hospital due to illness?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the wife leaves her parents' house voluntarily and not under duress, then divorce occurs, unless the husband intended by his oath to prevent her from leaving except for a need; in which case, he does not violate his oath by her leaving for the aforementioned reason, because the intention of the one swearing an oath specifies the general.

However, if she leaves under genuine duress, then divorce does not occur.

And if the husband swears to prevent his wife from leaving absolutely with the intention of threatening and not divorcing, then some scholars are of the opinion that divorce does not occur and an expiation for the oath is due.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
163100
Imported
Translation status
Source text, unreviewed
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