Is the wife divorced if she leaves the house without her husband's permission, when the husband had sworn by divorce upon her not to do so?
If a wife leaves her husband's home without his permission, a divorce (talaq) occurs according to the majority of scholars. He can take her back during her waiting period (iddah) without her consent by saying, "I have taken my wife back." Some meticulous scholars are of the view that divorce does not occur if her leaving was with the intention of causing a divorce, treating her with the opposite of her intention. Some scholars also hold that divorce does not occur if the husband did not intend to effect a divorce but rather intended a threat, and he is obligated to offer an expiation for breaking an oath. It is obligatory for the wife to obey her husband and not leave his house without his permission. The lawful oath is an oath by Allah Almighty.
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- 183045
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