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?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The majority of scholars hold that swearing an oath by divorce results in divorce upon breaking the oath, and this is the 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 ' (waiting period) expires. The husband should avoid swearing by divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/134709
Where this answer came from
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- Ftawy
- Original fatwa ID
- 134709
- 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