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What is the ruling on someone who swore an oath of divorce, saying, "Divorce be upon me if I do not live in this city," and "Divorce be upon me if I do not buy an apartment in this city and live in it," with the intention of emphasizing his words, then was compelled to fulfill his wife's request to buy an apartment in her city and live there to avoid separation? And are these oaths considered an oath [of قسم] for which expiation is required?

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A wife is not permitted to refuse to travel with her husband; otherwise, she becomes disobedient (nashiz).

As for swearing by divorce, it is a conditional oath according to the majority of scholars, and divorce occurs upon the fulfillment of the condition, unless the intention behind it was to prevent or admonish, in which case it requires an expiation for an oath (kaffarat yamin) according to some scholars, such as Ibn Taymiyyah.

The repetition of an oath of divorce depends on the husband's intention: if he intended to emphasize the first oath, then only one divorce occurs upon the fulfillment of the condition (according to the majority opinion), or one expiation for an oath (according to Ibn Taymiyyah's opinion). If he intended to create a new oath, then the divorces multiply with the multiplicity of oaths (the madhhab of the majority), and the expiations multiply (Ibn Taymiyyah's madhhab). If there is no specific intention, then what occurs within the same session is considered an affirmation, and what occurs in separate sessions is considered the creation of a new oath and repetition.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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