Does divorce occur if the husband permitted his wife to go with her sister and her son, after he had conditioned her divorce on her going with the sons of his brothers or his sisters, and his intention was to threaten, not to divorce, knowing that there was a previous divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Intention is crucial in oaths. If you intended to prevent your wife from going out alone with her brother’s children or her sister, or without your permission, then her going out with your sister and her son, or with your permission, does not break your oath; this is because intention specifies the general. However, if you swore to prevent her from going out absolutely, then her going out breaks your oath. If you gave her permission out of ignorance of the ruling or misinterpretation, the more preponderant opinion is that no divorce has occurred.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/171670
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 171670
- 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