Does divorce occur if the husband takes his wife to another clinic, or if she refuses treatment at the clinic to which the husband swore he would not take her anywhere else?
The majority of scholars hold that a divorce pronounced as an oath takes effect if the condition of the oath is met, and this is the we adhere to. Therefore, if you take your wife to another clinic for treatment, a divorce will occur thereby. However, if your intention with your oath was to prevent yourself from going with her to any clinic other than this one, and not to prevent her from going altogether, then your wife can go with her brother or another one of her mahrams to another clinic, and no divorce will occur. But if you intended to prevent her from going altogether, whether with you or with someone else, then sending her with her brother or anyone else will not benefit you, because the interpretation of an oath refers back to the intention and purpose of the one who swore it, and trickery will not avail him. And swearing by divorce is forbidden.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 109278
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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