What is the ruling of Islamic law concerning a man who divorced his wife twice, then swore an oath of divorce that she would not go to her family's house? Does the divorce take effect if she goes, with his current desire for her to go, and is an expiation for breaking an oath (kaffarat yameen) incumbent upon him?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The man who made his wife's divorce conditional upon her going to her family's house—divorce occurs, according to the majority of scholars, if she goes. She would then be irrevocably divorced (bainunah kubra) if he had previously divorced her twice. In this case, she is not lawful for him until she marries another husband a marriage of genuine desire, not one for the purpose of making her lawful again. The husband cannot retract this conditional divorce or release himself from it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 99961
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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