Is breaking an oath of divorce by preventing one's wife from going to work, then later allowing her to return, and feeding ten needy people, sufficient expiation for the oath, and does it result in a divorce?
The majority of scholars hold that swearing an oath by divorce causes the divorce to occur if the swearer breaks the oath, whether he intended to cause the divorce or merely to threaten. This is the fatwa. Whereas, Sheikh al-Islam Ibn Taymiyyah is of the opinion that swearing an oath by divorce with the intention of emphasis or threat does not cause the divorce to occur when the oath is broken; rather, the swearer must pay expiation for an oath. The criterion in oaths is the intention of the swearer. So, if you intended to prevent your wife from going to work absolutely, or for a period exceeding a week, and you broke the oath, divorce occurs or you owe an expiation for an oath according to Ibn Taymiyyah’s view. However, if you intended to prevent her for a short period, like a day or two, and she did not go until after the period expired, then you have fulfilled your oath and divorce does not occur, nor do you owe an expiation for an oath according to Ibn Taymiyyah’s view. It should be noted that the lawful oath is swearing by Allah Almighty, and swearing by divorce is among the oaths of the wicked and has severe consequences.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/150090