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Does a divorce occur if a wife went to her father's house to congratulate him on Eid at the entrance, then quickly returned without her husband's knowledge, after her husband had sworn by divorce that she should not go to her father's house?

1 min readAlso available in العربية

The majority of jurists hold that swearing an oath by divorce results in divorce if the condition sworn upon is met, regardless of whether the husband intended divorce or not. However, Sheikh Al-Islam Ibn Taymiyyah is of the opinion that if the husband did not intend divorce, he must pay an expiation for breaking an oath (kaffarat yameen). Divorce occurs if the wife goes to her family, unless the husband's prohibition was for a reason and that reason has ceased, or if the prohibition had a specific intention and the departure did not conform to it. The husband should not prevent his wife from visiting her family without a valid reason, and divorce should not be used as a means to resolve such matters.

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

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