Does a divorce pronounced by a father in a state of extreme anger, the wording of which was: "Divorce upon me if I attend your discussion," take effect if he attends his daughter's master's defense?
The majority of scholars hold that divorce by oath — whether intended as an actual divorce, a threat, a prohibition, an incitement, or an affirmation — results in divorce upon the breaking of the oath. This is the we adhere to, differing from Ibn Taymiyyah, who views its ruling as equivalent to swearing by Allah, such that if the oath is broken, the swearer must offer expiation for an oath, and no divorce occurs.
Accordingly, the fatwa we adhere to is that if your father attends the thesis defense, his divorce takes effect. He may reconcile with his wife as long as she is within her waiting period, provided he has not previously divorced her more than once.
However, according to Ibn Taymiyyah's view, your father may attend and offer expiation for an oath: feeding ten poor persons, or clothing them; and if he cannot find these, then fasting for three days. It is advisable to counsel your father to avoid swearing by divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 130924
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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