What are the legitimate rights of the wife, such as deferred dowry, list of properties, and alimony, if the husband said to her: "By divorce, if you do not leave me now and abandon me, you shall be divorced," and his intention was divorce, and also that she should leave and not return, so she left then returned after a minute, and the husband said to her: "You have incurred the oath, so you have divorced yourself from me"?
The majority of scholars hold that swearing by divorce triggers the divorce upon the occurrence of the sworn-upon act, and this is the fatwa issued. However, Sheikh al-Islam Ibn Taymiyyah is of the opinion that if swearing by divorce is not intended to suspend divorce but rather for threat or emphasis, then it is considered an oath by Allah, and the one who swore must pay an expiation for breaking an oath, and no divorce occurs.
Based on this, if the wife violated the first oath, one divorce occurred. If the statement "You are divorced" afterward was a notification of the first divorce, then no additional consequence applies. However, if it was intended to initiate another divorce, then two divorces have occurred. For the second instance, another divorce occurred when she returned to you after you swore upon her not to return.
Upon the occurrence of divorce, the wife has the legitimate rights of a divorced woman: her full mahr (prompt and deferred), her list of movables (whether part of the mahr or her own property), and she is entitled to maintenance and housing during the iddah if the divorce is less than three pronouncements. However, if the divorces are completed to three, she is not entitled to maintenance during the iddah unless she is pregnant.
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- Ftawy
- Original fatwa ID
- 125097
- Imported
- Translation status
- Source text, unreviewed
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