Is this phrase considered a divorce oath (yamin talaq)? And will the wife be divorced if she goes with her sister to the doctor again? And what is the expiation for this oath?
This wording constitutes a divorce oath. Divorce occurs upon the breach of such an oath according to the majority of scholars, and this is the most preponderant view. If the sister goes and he does not do what he swore to do, then the breach has occurred. It is not permissible to do what he swore to do, such as breaking her head. If the sworn-upon act is forbidden, like oppressing someone, then breaching it is obligatory. Sheikh Al-Islam Ibn Taymiyyah was of the opinion that a divorce oath made with the intention of emphasizing or preventing something does not result in divorce; rather, the one who made the oath is obliged to pay the expiation for an oath (kaffarat ) if he breaches it.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/171257
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 171257
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy