Does a husband's statement to his angry wife: "By Allah, you will not go to so-and-so, and you will remain in my responsibility (dhimma) and in my house" constitute a divorce or an oath?
A husband's statement to his wife: "By Allah, you will not go to so-and-so while you remain under my marital responsibility (dhimma) and in my home," constitutes an oath and a condition for divorce. If the wife does not go, then there is nothing against him.
However, if she does go, he has two options:
1. To fulfill his oath and act according to what he intended, whether it be divorce or expelling her from the house. 2. To break his oath and pay the expiation for an oath (kaffarat ). This is the better option, according to the Prophet's (peace be upon him) saying: "Whoever takes an oath and then sees something better than it, let him do that which is better and expiate for his oath."
A state of anger does not prevent the oath from taking effect, as long as the man is conscious and has free will.
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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