Does divorce occur if the wife agrees for the maid to go to the husband's family home, after the husband swore an oath of divorce saying, "By divorce, she will travel," and then the wife's family refused for the maid to travel?
The majority of scholars hold that swearing an oath by divorce results in divorce upon breaking the oath, and this is the fatwa we adopt. So, if the maid did not travel at the time the husband intended with his oath, his divorce takes effect. If a divorce occurs and it is not the third, he may take you back before the 'iddah (waiting period) expires. The husband should avoid swearing by divorce.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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