Would a divorce occur if the husband swore an oath of divorce upon his wife that she would apologize to his sister, and she did not do so?
If a husband swears an oath to his wife that she must apologize to his sister for a specific matter, the subject of the oath can be understood in two ways:
1. The husband specifies a time for the apology. If the apology does not occur within that time, the divorce takes effect. 2. The husband does not specify a time for the apology. In this case, the wife remains under his marital bond, and the divorce does not occur unless the apology becomes impossible, such as if the wife or the husband's sister passes away.
The occurrence of divorce if the apology does not happen is the view of the majority of scholars (), and it is the preponderant opinion. Sheikh al-Islam Ibn Taymiyyah, however, stated that an expiation for breaking an oath (kaffarat ) is required if the husband did not intend divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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