Is it permissible for my wife to visit her sister's house after I swore by divorce that she should not, due to a dispute between her husband and me, and is this oath of mine considered a severance of kinship ties?
The majority of scholars hold that swearing by divorce results in the occurrence of divorce upon breaking the oath, whether the intention was to effectuate divorce, to threaten, or for any other reason. This is the (religious edict) that is acted upon. However, Shaykh al-Islam Ibn Taymiyyah is of the view that swearing by divorce, when the intention is not to effectuate divorce, is treated like an oath by Allah. If the oath is broken, an expiation for an oath (kaffarat ) becomes obligatory, and divorce does not occur.
Based on this, if the wife enters her sister's house: - According to the majority: Divorce occurs. The husband can take his wife back (raj'ah) before her waiting period () expires, provided this divorce does not complete the three divorces. - According to Ibn Taymiyyah: Divorce does not occur, and the husband must offer an expiation for an oath.
Maintaining kinship ties (silat al-rahim) is not limited to visits. Preventing a wife from visiting her sister in her house is not considered a severance of kinship ties. Furthermore, swearing by divorce is not permissible; what is permissible is swearing by Allah Almighty.
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