Back to search
The question

If the husband says, "I divorce my wife if we do not travel tomorrow," and the wife does not want to travel, does the divorce take effect if the wife does not travel?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that if a man swears an oath by divorce and then breaks it, his wife is divorced, whether he intended divorce or merely a threat. However, Sheikh Al-Islam Ibn Taymiyyah is of the view that if a man swears an oath by divorce as a threat or for emphasis, he is obligated to offer an expiation for a broken oath (kaffarat ), and the divorce does not occur. The relied-upon is that of the majority. Therefore, if the wife disobeys her husband regarding the travel about which he swore an oath, her divorce occurs. If it is not a complete triple divorce, he may take her back before the expiry of her ' (waiting period).

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
147086
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