What is the ruling of the Sharia regarding a man who swore to his wife by triple divorce that she should not leave the house, and she is now sick and needs to go to the doctor?
The majority of scholars hold that a conditional divorce takes effect when the condition is met. So, if a husband stipulates that his wife is divorced with a triple divorce should she leave the house, and she does leave, then a triple divorce takes effect according to the majority. She becomes unlawful for him until she marries another husband. Sheikh al-Islam Ibn Taymiyyah and those who agreed with him were of the view that if the husband intended threat or prevention and did not intend divorce, then an expiation for breaking an oath (kaffarat yameen) is due from him. If he intended divorce, then a single divorce takes effect. The fatwa also notes that the husband's intention in making the divorce conditional can specify it. So, if he intended that she should not leave except for treatment, or for a specific period, or if the sworn-upon departure was of a particular kind, then he does not break his oath by her leaving for treatment, or after the period has expired, or for a purpose other than what was sworn upon. This is because intention specifies the oath and removes the breach.
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