Back to search
The question

Does divorce take effect if the husband swore an oath of triple divorce upon his wife for her to return money she had taken without his knowledge, and she only returned a portion of it? And is an expiation required of him for this oath?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

It is not permissible for a wife to take her husband's money without his permission unless he restricts her and does not provide her with adequate sustenance according to what is customary. Regarding the husband swearing to divorce his wife if she does not return the money: if he intended for all the money to be returned, then she must return it to avoid him breaking his oath and the divorce taking place, according to the majority of scholars. However, according to the view of Sheikh Al-Islam Ibn Taymiyyah, an expiation for breaking an oath (kaffarat yameen) is due. If he did not intend for all the money to be returned, then breaking the oath does not occur if she returns most of it. If there was no specific intention, then she must return all the money to avoid divorce, even if it means taking a loan.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
97049
Added here
. 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
Read the full answer on Ftawy