Does the divorce that the husband swore in writing on WhatsApp, by saying: "If you see anyone or anyone of men or women sees you, then you are not bound to me," take effect, knowing that the wife is at her family's home and meets people due to visiting her sick sister, and is expiation required for this oath?
The adopted by us is that swearing by divorce and conditioning it on a stipulation irrevocably causes divorce upon breaching the oath. However, Sheikh al-Islam Ibn Taymiyyah and those who agreed with him are of the opinion that divorce does not occur if the intention was to affirm, prevent, or encourage, and the swearer is obligated to pay an expiation for an oath if he breaches it. The husband's statement: "You do not obligate me" is a
euphemism, so divorce does not occur unless he intended it. It refers back to the husband's intention regarding divorce and his purpose in saying: "If I saw anyone or anyone saw you, male or female." If divorce occurs and has not reached the third divorce, he may take you back before the ' expires. According to Ibn Taymiyyah's view, divorce does not occur upon the husband's breach if he did not intend divorce, but he is obligated to pay an expiation for an oath. Swearing by divorce should be avoided, and marital relations should be maintained with kindness.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/149126
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 149126
- 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