Does divorce occur every time the wife goes with her husband to the country he swore he would not take her to, knowing that he swore an oath of divorce in a state of anger?
Divorce pronounced in a state of anger takes effect unless the anger reaches a level that removes awareness. So, if the husband swore by divorce while angry to the point of losing consciousness, his oath does not entail anything. However, if he was aware, his oath is considered valid, and divorce occurs upon his breaking it. He may take his wife back during her (waiting period) if she has not been divorced twice before. The oath has been dissolved by its breach. Some scholars, like Ibn Taymiyyah, are of the view that if the husband intended by the oath to emphasize something or prevent an action, then divorce does not occur; rather, he is obligated to pay the expiation for an oath. The lawful oath is by Allah, whereas swearing by divorce is among the oaths of the dissolute.
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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