Does the husband's oath of divorce take effect by his wife not entering his house or riding in his car, and him not helping her with anything, along with his abandonment of her for four years and his refusal to spend on her?
The fatwa adopted by us is that your entering your husband's brother's house, or riding in a car with him, or helping him with something, incurs a divorce upon you, whether your husband intended to effect a divorce, or to threaten, or to emphasize. This is the view of the majority of scholars, including the four imams. If the divorce is not the third and final one, he may take you back during the waiting period by saying: "I have taken back my wife." Some scholars, such as Ibn Taymiyyah, held that divorce does not occur if the husband did not intend to effect it, but rather to threaten or emphasize, and he must offer an expiation for breaking an oath. Your husband's abandonment of you and his ceasing to provide for you does not prevent the occurrence of divorce, but you have the right to demand provision from him, and that he not be absent from you without excuse for more than six months.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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