Does one get divorced if one goes to the house of the new husband's brother, knowing that he swore by divorce not to go to his old house, and what is the expiation for that?
If a husband makes his wife's divorce contingent on her going to a specific house, and he intended that particular house, then he does not break his oath by her going to another house, and there is no expiation upon him. However, if he had no specific intention, then the reason for the oath should be considered: if the reason for the oath was related to that first house itself, then he does not break his oath by her visiting another house. But if the oath was due to a quarrel with a brother, the majority of scholars hold that divorce occurs when the wife visits any house belonging to the brother, while Sheikh al-Islam Ibn Taymiyyah is of the view that an expiation for breaking an oath is due if the husband did not intend divorce. In the event of divorce, the husband can reconcile with his wife before the ' (waiting period) ends, provided this divorce does not complete the three divorces.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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