Back to search
The question

What is the religious ruling regarding a wife arriving home at 5:30 PM, when her husband had sworn by triple divorce that she be home at exactly 5:00 PM upon her departure to her family's house?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

First: An oath sworn by divorce is subject to the same ruling as a conditional divorce. If the one who swears by divorce breaks his oath, his divorce takes effect according to the majority of scholars, unless he did not intend divorce.

Second: The majority of scholars hold that pronouncing divorce three times, whether in a single utterance or a single session, constitutes a triple divorce, contrary to those who consider it a single divorce.

Third: Whoever makes a triple divorce conditional on his wife doing or refraining from something, and she does it, then he has broken his oath, and his wife becomes irrevocably divorced from him (baynunah kubra), unless he had an intention that contradicted the apparent meaning of his words. The Shafi'is are of the opinion that the husband does not break his oath if the wife does or refrains from the action out of forgetfulness or compulsion.

Fourth: Due to the significant disagreement on this matter, and because the answer depends on the intention of the one who swore the oath and the reason for the wife's delay, the questioner is advised to present the matter verbally to scholars.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
85753
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