Does divorce occur if the wife travels with her husband after he told her: "By divorce, you will not travel with me unless you become a calm and obedient wife," and is this conditioned on her behavior improving before the trip?
The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, whether the intention was divorce, threat, or anything else, and this is the fatwa given. Ibn Taymiyyah is of the view that swearing by divorce, when the intention is not to make it contingent but rather to threaten or emphasize, takes the ruling of an oath by Allah, and entails expiation for an oath upon breaking it, without divorce occurring. The reference for determining what constitutes breaking the oath is the intention of the swearer.
If the husband travels with his wife after her condition has changed as he intended in his oath, then there is no breaking of the oath and no divorce. However, if he travels with her before the intended change, then she is divorced, and he can take her back if the divorce is less than three and before the 'iddah (waiting period) expires.
If the oath is in the form "by divorce" as a way of swearing, like swearing by Allah, then no divorce occurs and no expiation is required, because it is a void oath. So, whoever says "by triple divorce, I will not do such and such" and intends it as an oath, nothing is required of him. Swearing by divorce is not legislated and one should be wary of it.
Summarized from the full answer at Ftawy · imported
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- Source platform
- Ftawy
- Original fatwa ID
- 135610
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
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