How can the husband bring his wife back home after he swore by divorce that he would not enter her uncle's house where she is staying, while her uncle refuses to return her unless the husband comes to pick her up from his house?
If the wife leaves her husband's house without his permission and without necessity, she is sinful and must return. Her uncle has no right to stipulate the husband's arrival for her return. If the wife returns without the husband's arrival, the husband has fulfilled his oath, and the uncle has broken his oath. If the uncle swore by Allah, he must offer expiation for breaking an oath. If he swore by divorce, the prevalent with us is that his divorce takes effect. Some scholars, however, consider it to be like the ruling for swearing by Allah if he did not intend to make the divorce contingent.
However, if the wife left for a valid reason, such as lack of financial support or severe beating, the husband should come to bring her back. If the wife was not excused and her uncle refused to return her unless the husband came, then there is no harm for the husband to come to bring her back and break his oath. If a revocable divorce occurs, the husband can reconcile with his wife during her waiting period (). If breaking the oath leads to an irrevocable divorce, then the other party should fulfill his oath to avoid a triple divorce. The legitimate oath is to swear by Allah Almighty, and one must be wary of swearing by divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 171550
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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