Does a divorce occur by the husband's statement, "I swear by divorce that if you leave the house, you will be divorced," if he intends divorce by the pronouncement and intends comprehensiveness by "leaving," then on the following day he permits her to go to some places but not others?
If a husband tells his wife, "If you leave the house, you are divorced," and he intends thereby to effect a divorce, then one divorce occurs upon her leaving. If he gives her permission to leave the following day, the ruling depends on his intention:
If he intended to suspend the divorce absolutely upon her leaving, then the divorce occurs even with his permission. If he intended to suspend it upon her leaving without his permission, or only on the same day, then no divorce occurs if she leaves with his permission or on the following day.
What is considered in oaths is the intention and the reason that prompted them. The husband is advised to present the matter to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 178403
- 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
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