Is an oath of divorce made by a husband to his wife, stating that she may not go out to her family's home more than once a week, effective, despite his awareness of his frequent use of divorce and prohibition oaths?
The question is unclear, but the majority of jurists believe that swearing by divorce results in divorce upon breaking the oath, whether the intention was divorce, threat, or anything else. However, some scholars, like Ibn Taymiyyah, are of the view that the ruling on swearing by divorce, when the intention is not to make divorce contingent, is the same as swearing by Allah, and it necessitates an expiation for an oath (kaffarat yameen) upon breaking it, without divorce taking place. The determination of what constitutes breaking the oath refers back to the intention of the one who swore. The questioner should ask her husband about his intention, and if he frequently swears by divorce and by what is forbidden, she has the right to seek divorce. It is recommended to present the matter to the court or to reliable scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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