What is the ruling on going to the family home after the husband has sworn divorce three times in a state of anger? What is the expiation required of the husband, and how can one go without the divorce taking effect?
The husband's oath of triple divorce, stipulating that his wife not go to her parents' house, necessitates her not going. There is no way to be absolved from or annul this conditional divorce. If the wife goes, even with the husband's consent, the triple divorce takes effect according to the majority of scholars and the four schools of thought, and this is the preponderant opinion.
Shaykh al-Islam Ibn Taymiyyah held that if the one who swore did not intend divorce, then he owes an expiation for an oath (kaffarat ); but if he intended divorce, then one divorce takes effect.
If the oath was restricted to a specific time, then upon the expiration of this time, the oath is dissolved, and the wife is permitted to go to her parents.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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