Is it permissible to adopt the view that expiation (kaffarah) is due if the intention behind the oath of divorce (halaf al-talaq), made in a state of anger, was to threaten the mother and not the wife, knowing in advance that the key had been changed to allow the mother entry?
The questioner must repent to Allah and be dutiful to his mother and not harm her, because preventing her from having the house key is an act of disobedience to her. If he swore by divorce that he would not give his wife's apartment key to his mother, and the wife then gave the key to his mother, then divorce has occurred according to the majority of scholars. He may take his wife back so long as this divorce does not complete the three divorces. Sheikh al-Islam Ibn Taymiyyah held the view that an expiation for an oath is required if he did not intend divorce. It is permissible to follow this opinion if it is the stronger view for the questioner or if someone he trusts in their knowledge and piety gives him a fatwa to that effect. It is not permissible to adopt this view merely to seek out concessions.
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- Original fatwa ID
- 123735
- Imported
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