Does divorce take effect if the husband says: "If you leave your family's home to any place, then you are divorced," and the wife leaves, compelled to go to the hospital due to illness?
If the wife leaves her parents' house voluntarily and not under duress, then divorce occurs, unless the husband intended by his oath to prevent her from leaving except for a need; in which case, he does not violate his oath by her leaving for the aforementioned reason, because the intention of the one swearing an oath specifies the general.
However, if she leaves under genuine duress, then divorce does not occur.
And if the husband swears to prevent his wife from leaving absolutely with the intention of threatening and not divorcing, then some scholars are of the opinion that divorce does not occur and an expiation for the oath is due.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 163100
- 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