Back to search
The question

What is the ruling regarding divorcing a wife who left the house after her husband swore an oath of divorce upon her, saying, "If you leave the house this time without my permission, then you are divorced," knowing that she left to help her son and then returned? Is it permissible for the husband to take her back without her consent, and is it permissible for her to remain with him in the same house and uncover for him?

Share this answer

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

If the wife leaves with her husband's permission, the divorce does not occur. However, if she leaves without his permission in a manner that the husband intended to prevent her from doing, then he has broken his oath, and the is that the divorce falls upon her. If this is not the third divorce, he may reconcile with her during her ' (waiting period). A رجعية (revocable divorcee) is still a wife with whom he may be in seclusion and for whom she may adorn herself. Reconciliation is achieved by his statement, "I have reconciled with you," and it is safer to have witnesses to the reconciliation. Some scholars believe it occurs simply by intercourse. Some scholars are of the view that a conditional divorce (طلاق معلق) that is not intended to effect divorce but rather to threaten or emphasize a matter, takes the ruling of an oath by Allah, thus requiring an expiation for an oath (كفارة يمين) and the divorce does not occur. The wife must obey her husband and not leave without his permission unless there is a necessity.

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
175849
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