What is the ruling on one who swore an oath of divorce not to leave the house, nor to have intercourse with his wife or see her for a week, knowing that he is traveling and fears his short vacation will be wasted because of this oath?
If you swear by divorce that you will not leave the house, or have conjugal relations with your wife, or see her for a week, then if you do not adhere to that, divorce occurs according to the majority of scholars. You are also required to offer expiation for a broken oath (kaffarat yameen) if you intended to threaten, not to divorce. If divorce occurs and it is not the third and final divorce, then you may reconcile with your wife before her waiting period (iddah) ends (which is three menstrual cycles, or three months, or delivery of a pregnancy). However, if this divorce completes the three divorces, then she is not lawful for you until she marries another man and he consummates the marriage with her, and then divorces her. Avoiding breaking the oath is the best solution. If you do not wish to do so, and you have not divorced her before, or you have divorced her only once, then you may do what you swore not to do, and you can take your wife back, and one divorce will be counted against you. Swearing by divorce is forbidden and puts the person who does it in a difficult situation.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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