What is the ruling regarding a wife if she speaks to her husband's brother after her angry husband said to her: "If you speak to my brother, then you are divorced in your father's house," knowing that he intended to threaten her, not divorce, and he was under the influence of alcohol but aware of what he was saying?
If the husband is aware of what he is saying, and he conditions his wife's divorce on his brother's speaking to her, without qualifying his intention, then if she speaks to him, a divorce occurs according to the majority of scholars. Ibn Taymiyyah, however, held that an expiation for an oath is due if he intended a threat.
However, if he conditioned her divorce on his brother speaking to her only in her father's house, then no divorce occurs if she speaks to him elsewhere. And if the reason for the oath was a quarrel between the two brothers, and the animosity between them has ceased, then the oath is dissolved.
It must be noted that drinking alcohol is a heinous sin.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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