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?
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.
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