Did a divorce occur due to breaking an oath ("You are forbidden to me"/"You will not return here again"), or is expiation for an oath obligatory? And is it permissible to pay the expiation after three years?
Prohibiting one's wife is not permissible, but an oath by Allah Almighty is lawful. Scholars have differed concerning a husband swearing an oath to his wife by prohibition (of her), and our is that what the husband intended takes effect. If you intended divorce, then it has occurred, and your wife returns to you if you had intercourse with her before her waiting period expired and this was not the final divorce. If you intended ẓihār, then the expiation for ẓihār is incumbent upon you. If you intended an oath, or intended nothing, then the expiation for an oath is incumbent upon you. As for your statement, "If you go to your family, you won't come back here again," if you intended divorce by it, then it takes effect upon her departure. When calamities befall a servant, they should review themselves and repent to Allah from sins.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/118864
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 118864
- 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