How can a husband atone for an oath he swore by triple divorce (bi al-thalath) when his wife contacted her family without informing him, given that he does not want this oath to remain binding? And is an expiatory offering for an oath (kaffarat yamin) incumbent upon him?
The husband's statement: "I swear that if I discover you are talking to your family and you haven't told me, I will say the three words," is a promise of divorce.
If the husband discovers that his wife has spoken with her family and has not informed him, he has the choice of either fulfilling his threat (divorcing her) or not fulfilling it. In this case, he is obligated to offer an expiation for breaking an oath (kaffarat yamin).
The husband can expiate his oath now before breaking it, in accordance with the Prophet's (peace be upon him) saying: "By Allah, if Allah wills, I do not swear an oath and then see something better than it, but that I expiate for my oath and do that which is better."
Expiation for an oath is permissible either before or after breaking it, according to the majority of scholars.
This threat differs from conditioning divorce on a specific event, such as "If I discover you are talking to your family and you haven't told me, then you are divorced." In the latter case, divorce occurs immediately upon the fulfillment of the condition if the husband intended divorce. However, if the husband intended to prevent his wife from concealing information, then it falls under the ruling of an oath, and an expiation for an oath is required without the divorce taking place.
The phrasing used by the husband, "I will say," and his hesitation in the words, suggests that he intended a threat rather than conditioning divorce.
In summary: The husband is obligated to offer an expiation for an oath, and by doing so, his oath is dissolved.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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