What is the ruling on allowing children to go to the wife's family home after having sworn by divorce that they would not go there?
If a husband conditions his wife's divorce on his children going to their mother's parents' house, this oath cannot be revoked according to the majority of scholars. The only way to prevent the divorce from occurring is for the children not to go, even though this constitutes a severing of kinship ties. If the children do go, the divorce takes place according to the majority of scholars, and this is the most preponderant opinion. Sheikh al-Islam Ibn Taymiyyah holds that an expiation for an oath is obligatory if the husband did not intend divorce. In the event of a divorce, the husband can reconcile with his wife before her waiting period ends if he had not divorced her before, or had divorced her only once. However, if he had divorced her twice before this divorce, she is not lawful for him until she marries another husband in a marriage of genuine desire. Hastening to swear by divorce is a mistake that must be avoided in the future, just as preventing children from visiting their grandparents is a mistake due to the severing of kinship ties it entails.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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