Does a triple divorce occur if the wife leaves to visit family or maintain kinship ties after the husband's oath, "I divorce you thrice, you will not leave the house for a month except for the hospital"? If it occurs, what type of divorce is it, and how can it be reversed Islamically? Can she drive around in the car and then go down to a hospital and return without breaking the oath?
The validity of an oath depends on the swearer's intention. If he had no intention, then the literal wording of his statement is what counts. If a husband made a triple divorce conditional on his wife not leaving the house for a month except to go to the hospital, and he had no specific intention, then if she leaves to visit someone or to maintain kinship ties before the month is over, the triple divorce takes effect, according to the majority of scholars. In this case, he is not permitted to take her back until she marries another man.
However, if the husband intended only to threaten or prevent and did not intend divorce, then he is only required to offer expiation for breaking an oath. If he did intend divorce, then a single divorce takes effect upon the breach of the condition.
The wife's going out to stroll in the city and then going to the hospital is included in what the husband swore about. Therefore, her action triggers the divorce.
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- 114809
- Imported
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