What is the ruling on swearing by triple divorce not to speak to a woman, and what is the solution if the one who swore wishes to speak to her, and is this oath valid?
If someone has made his wife's divorce conditional upon a specific woman's conversation, then the divorce occurs upon her conversing. Some scholars have held that it is an oath if he intended by it prevention or urging.
If the conversation was a written message, then it is considered like direct speech and divorce occurs, unless the one who swore intended not to converse with her directly, face-to-face, only. In that case, divorce does not occur by writing the message, and the oath remains binding.
If your intention by making it conditional was not to effect a divorce, but rather to prevent yourself from conversing, then you must offer expiation for an oath. It is advisable to refer to the court in such matters.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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