What is the ruling on going to Jeddah after swearing by divorce not to go until the brother visits in Abha, knowing that the visit has not taken place and divorce of the wife was not intended?
Swearing by divorce to do or not do something is considered a conditional divorce by the majority of scholars, and it cannot be dissolved. If the condition upon which the divorce was suspended occurs, the divorce takes effect. Some scholars have taken the view that if the intention was to suspend the divorce, then it takes its ruling. But if the intention was merely an oath, then it is an oath for which expiation is due: feeding ten poor persons, or clothing them, or freeing a slave; or fasting three days for whoever cannot find [the means for the former]. The solution to this problem would be for your brother to visit you first, or for you and your mother to meet in a city other than Jeddah, if that is possible.
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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