What is the ruling on swearing by Allah amidst repeated marital disputes and each party threatening the other with remarriage or divorce?
If a person swears to marry with a specific time in mind, the oath is broken when that time elapses without marriage. However, if the oath is made without specifying a duration, the preponderant view is that the oath is not broken until the last possible time for marriage passes, such as the death of the wife or her irrevocable divorce for someone who swore to marry her. As for a wife's oath to separate from her husband and marry someone else, the oath is broken if her husband dies before she separates from him and marries someone else, unless she intended to condition her action on her husband marrying someone else. The Malikis hold that the oath is broken simply by the intention not to marry. Upon breaking the oath, expiation is required, which is feeding ten poor people or clothing them, or fasting for three days for those who cannot afford that. A wife should not swear to separate from her husband without a valid reason. It is obligatory for both spouses to live together with kindness.
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