What is the ruling on one who swore by triple divorce upon his wife that she should not go to the neighbors, then permitted her to go to visit a sick person? And is his wife divorced by that or not?
If the intention behind swearing by divorce was to prevent the wife and intimidate her, without intending to enact the divorce, then if the wife goes out, the husband must offer expiation for a broken oath, which is feeding ten needy persons or clothing them. However, if the husband intended to enact divorce if the wife went out, or if she went out without his permission, then divorce occurs upon her going out. If this divorce is the first or second, she can be taken back during her ' (waiting period). But if this divorce completes the three, then she becomes irrevocably separated from him (baynunah kubra). The statement: "by three divorces" is considered a single divorce according to the soundest opinion.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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