Does divorce occur if the husband, in a state of extreme anger, says to his wife: "I divorce you if you sleep at your family's house after such-and-such," and the wife then sleeps at her family's house?
The majority of scholars hold that swearing by divorce—whether intended as a divorce, a threat, a منع (prevention), a حث (incitement), or a تأكيد (emphasis)—results in divorce if the oath is broken. This is the prevailing opinion (al-mufta bihi). This differs from Ibn Taymiyyah, who held that its ruling is like that of swearing by Allah, necessitating an expiation for an oath (kaffarat ) and not resulting in divorce.
Therefore, if a husband swears by divorcing his wife should she sleep at her parents' house, being fully aware of what he is saying, then divorce occurs if she sleeps there. However, if the oath was made in a state of extreme anger that deprived him of his awareness, then no divorce occurs. It is advisable to present the matter to a court or to trustworthy scholars.
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.
- Read the full ruling
- Read the full answer on Ftawy