Does a divorce occur if a wife gives money to her sister without her husband's knowledge, after he swore an oath of divorce upon her that she should not do so, knowing that she had given her money before the oath without his knowledge and it was not from his money?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A mature woman has the right to dispose of her wealth as she wishes. If a husband swears by divorce that his wife should not give money to her sister, the majority of scholars hold that the divorce takes effect if she gives it. However, some scholars, such as Sheikh al-Islam Ibn Taymiyyah, are of the view that this is an oath requiring an expiation for an oath (kaffarat ) if the husband did not intend divorce, which is the given by Ibn Baz and Ibn Uthaymeen. The matter depends on the husband's intention regarding the duration and type of prohibition.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 11895
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy