Is the statement, "By divorce, you will not stay in the house," considered an oath that necessitates expiation or a divorce, given that the speaker was extremely angry and did not intend divorce?
A husband's statement to his wife, "You will not stay in the house, go to your family," is a metaphorical divorce (kinayah ), by which divorce occurs if he intended it. As for his statement, "By divorce, you will not stay in the house," this is a conditional divorce (talaq mu'allaq) contingent on her staying in the house, and it has occurred according to the majority of scholars because she remained. Sheikh Al-Islam Ibn Taymiyyah holds that it necessitates an expiation for breaking an oath (kaffarat ) if he did not intend divorce, and fasting is not sufficient except in case of inability to feed, clothe, or free a slave. If the divorce occurred during extreme anger, such that he was unaware of what he was saying, then it does not take effect. If one or two divorces have occurred, he can take her back (raj'ah) before her waiting period () ends (which is her purification from the third menstruation, or three months for a non-menstruating woman, or delivery for a pregnant woman).
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Reviewed by El Fatwa's sharia committee.
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