Does divorce occur by saying, "And I swear by the Lord of the Kaaba, if you do not come down to Egypt, you will be divorced," if the wife has not yet returned to Egypt?
This confirmed promise, made by an oath to divorce the wife if she travels to Egypt, does not result in divorce, nor is it obligatory to fulfill it. If the wife goes to Egypt and is not divorced, the husband is obligated to perform an expiation for breaking an oath (kaffarat ), which is feeding ten poor people or clothing them, or fasting three days if he cannot find (the means). It is preferable not to divorce her and to expiate the oath if there is no (other) reason for it, based on the saying of the Prophet, peace and blessings be upon him: "By Allah, if Allah wills, I will not swear an oath and then see something better than it, but I will expiate my oath and do that which is better."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/153228
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 153228
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy