How should one act concerning a father's oath of divorce upon the mother should their daughter repeatedly sleep outside the home?
The question posed by the inquirer is ambiguous due to its colloquial phrasing. The (religious edict) adopted by us is that if a father conditions his wife's divorce on a specific matter, then the violation of this matter results in the divorce of the wife. This is the opinion of the majority of scholars. If the divorce is less than three pronouncements, he may reconcile with her during her (waiting period). Some scholars, such as Ibn Taymiyyah, hold the view that a divorce conditional statement not intended to effect divorce but rather to threaten or prevent something, has the ruling of an oath by Allah. Thus, if the condition is violated, an expiation for an oath becomes binding, and no divorce occurs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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