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The question

What is the ruling on someone who, in a fit of extreme anger, said to his wife: "I divorce you by three if you do not stay in my family's house for the same number of days you stayed in your family's house"? And what is the ruling if she does not do so, or if someone prevents her from doing so? Is expiation permissible for this oath before she goes?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the wife does not fulfill her husband's oath by performing what was requested of her in the intended manner, then his divorce takes effect as a triple talaq according to the majority of jurists, whether he intended divorce or not. Some jurists are of the opinion that if he only intended a threat, the divorce does not take effect, and he is obligated to offer an expiation for breaking an oath (kaffarat yamin). As for anger, its specific rulings are referenced. If the parents or others prevent it, this is not considered valid under Sharia unless it reaches the point of coercion. If the prevention reaches the point of coercion, the husband does not break his oath, and the oath remains valid, because an oath is not dissolved by performing the sworn-upon act under coercion. If the oath is absolute and not time-bound, then it is not broken until death.

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Ftawy
Original fatwa ID
115324
Imported
Translation status
Source text, unreviewed
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