Does divorce occur if the husband intended for his wife to continue assisting his mother with household chores, and the wife provided assistance for one or more days?
If the husband intends to make the divorce contingent upon his wife continuously assisting his mother, then his oath is fulfilled only by her continuous assistance, not just for a day or a few days, because intention is considered in an oath. Scholars have differed regarding the ruling on making divorce contingent upon a condition. The majority of them hold that divorce occurs absolutely upon breach of the condition, and this is the . Sheikh al-Islam Ibn Taymiyyah is of the view that if divorce is made contingent for a purpose other than intending its occurrence, but rather for emphasis, prevention, or encouragement, then an expiation for an oath (kaffarat yameen) is due upon breach.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 168210
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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