Is a divorce effective if the wife leaves the house to undergo a C-section in the hospital, after her husband told her: "By divorce, you shall not leave the house," knowing that he forgot about her pregnancy and her need for the surgery, and did not specify the duration of the prohibition, and that her remaining in the house poses a danger to her life?
If a man intends, by preventing his wife from going out, a specific period or for a specific purpose, then he does not break his oath if she goes out after that period or for another purpose, because intention particularizes the general and restricts the absolute.
If he had no intention when taking the oath, then reference is made to the reason for the oath. If the reason necessitated prevention at a certain time and not another, or for a certain purpose and not another, then his oath is restricted by it.
And if he had no specific intention or reason, then the apparent meaning of the wording is applied, and divorce occurs if she goes out for childbirth, and it is an irrevocable divorce (baynunah kubra) according to the majority of scholars.
However, according to the madhhab of Ibn Taymiyyah, if he intended to prevent her and did not intend divorce, then divorce does not occur; rather, he is obligated to pay an expiation for an oath (kaffarat yamin).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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