What is the ruling on a wife going to her family's house now after the year has ended, based on the husband's oath of divorce: "By the three divorces, you will not go to your family's house in your year," along with his doubt about his intention regarding the determination of the year (Hijri or Gregorian) and whether he meant a full calendar year or a period of one year?
The reality of what happened with this man is that he swore an oath of divorce upon his wife that she would not go to her family's house "this year." The majority of scholars hold that an oath of divorce is considered a conditional divorce; if the condition is met, the divorce takes place. The majority of scholars also hold that pronouncing three divorces in a single utterance results in three divorces.
The remaining consideration is his statement "your year" (عامك). If he had an intention, reference should be made to his intention. If he had no intention, then it is apparent that what is considered is his statement "this year," as it seemingly refers to the specific year in which they are currently living. Thus, he would not break his oath if she goes after its conclusion. Custom indicates that the common understanding of "year" in such usage is the year according to the solar calendar.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/113796
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 113796
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy