What is the ruling on swearing by triple divorce to pay for gifts and food from the wife's family, and not to eat from them, given the wife's refusal to pay, and has a divorce occurred or is expiation obligatory? And who determines the price of these things if they are to be paid for?
The ruling () is that whoever does not pay for the gifts given to his wife's family or consumes them, his wife is divorced threefold, and expiation () does not suffice for this oath, unless he pays the value of the gifts and does not consume them.
However, according to some scholars, like Ibn Taymiyyah, expiation for the oath is possible by feeding ten poor persons or clothing them, or by fasting three days if he cannot find (the means to feed or clothe).
If he neither pays for the gifts nor refrains from consuming them, then according to the majority, two expiations are incumbent upon him.
The permissible oath is to swear by Allah Almighty. As for swearing by divorce, it is among the oaths of the dissolute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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