Is the wife considered divorced, or is expiation required if the husband said to his wife: "If you do not come down and help bring the food, then you are divorced," and the wife came down and helped bring food other than what the husband intended?
The holds that the husband has broken his oath and his wife is divorced if she did not help him bring the specific food he intended by his oath. If this divorce does not complete three divorces, he may take her back before her (waiting period) expires. However, if the wife complied with his command and did not know that he intended a specific food, or she thought he meant her to help bring any food, then the preponderant opinion is that he has not broken his oath and no divorce has occurred. Some scholars are of the view that a divorce suspended on a condition with the intent of threat or emphasis on a matter, has the ruling of an oath by Allah. Thus, if the condition occurs, the husband must pay an expiation for breaking an oath, and no divorce takes place.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 173303
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy