What is the ruling regarding a wife going to her father’s house after her husband said to her: "By divorce, you shall not go to your father's house unless I am in the mood, or unless I say so," and then he said to her: "Go to your father's house," in two scenarios: first, if his statement "unless I am in the mood" was in a low voice that she did not hear, and second, if all the words were in a loud voice and she heard them?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
There is no difference whether the exception is uttered aloud or in a low voice, as long as the speaker has pronounced it. Swearing by divorce is considered an oath. If the condition sworn upon is met, divorce occurs according to the majority of scholars, even if the intention was merely to threaten. However, Shaykh al-Islam Ibn Taymiyyah held the view that divorce does not occur if the sole intention was to threaten. It is advised to resolve marital problems with deliberation, far from the words of divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/138980
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 138980
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy