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The question

What is the religious ruling regarding a wife whom her husband swore by divorce that she should not speak to a certain woman, and then she spoke to her unknowingly, and then she spoke to her again while she was angry with her husband? And what is the ruling on her leaving the house out of necessity after her husband swore by divorce that she should not leave?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that a conditional divorce takes effect upon the fulfillment of the condition. The Shafi'is, however, are of the opinion that if one ties a divorce to another's action, and the person acts out of forgetfulness, ignorance, or compulsion, then the oath is not broken. It appears that the divorce took effect with the first utterance according to scholars other than the Shafi'is, and with the second utterance according to the Shafi'is. Based on this, only one divorce is necessary.

As for swearing an oath that the wife will not leave the house: if the wife leaves and the husband's intention was to absolutely prevent her departure, then according to the majority of scholars, the divorce takes effect. However, Sheikh al-Islam Ibn Taymiyyah believes that an expiation for breaking an oath is required if he did not intend divorce, and he can retract this condition.

If the husband intended to prevent his wife from leaving except for treatment, or for a specific period, or if the sworn-upon departure was specific and did not include treatment, then the oath is not broken by her leaving for treatment, or after the specified period ends, or for a reason other than what he swore upon. This is because the intention and the reason particularize the oath.

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Ftawy
Original fatwa ID
115755
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