Does the divorce that the husband swore by, concerning his wife, take effect if she does not go with him to visit his family on the same night, knowing that he did not go because his relatives were unable to receive them?
The majority of scholars hold that a divorce sworn by becomes effective upon the occurrence of the breach, even if the husband did not intend to effect the divorce. Therefore, what was mentioned regarding the husband swearing by divorce concerning visiting relatives, and the visit not taking place at the appointed time, entails the occurrence of divorce according to the majority. The husband may take back his wife before the completion of her (waiting period) if this divorce does not complete the three divorces.
However, Sheikh al-Islam Ibn Taymiyyah and those who agreed with him stated the obligation of an expiation for an oath (kaffarat ) if the husband did not intend divorce. But swearing by divorce is specified by the intention of the swearer, and then by the reason that led him to take the oath. So, if your husband had no intention when he swore, and he swore for the visit to take place for a specific reason that ceased through no action of his own, then there is no breach upon him, and no divorce occurs, nor is expiation required of him according to Ibn Taymiyyah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/127807
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 127807
- 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