What is the ruling on a wife helping her mother after her husband swore to divorce her, saying: "Shāfiʿī, Mālikī, and Abū Ḥanīfah: if you do anything for your mother, you are as good as divorced"?
It is not permissible for a husband to prevent his wife from serving her mother, provided that it does not infringe upon his rights, because the mother's right is great. Regarding the husband's oath "by your own responsibility" (عَلَى ذِمَّةِ نَفْسِكَ), it is a euphemism for divorce. If he intended divorce upon the occurrence of the condition attached to it, then divorce takes place according to the majority of scholars. Consequently, if the wife serves her mother, divorce occurs. Some scholars hold that divorce does not occur if the husband only intended to reprimand and threaten, and he is then required to pay an expiation for an oath (kaffarat ). The view of the majority is the more preponderant. It is advisable to refer to the courts.
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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