Is it permissible to go out with one's wife's family after having sworn by triple divorce not to go out with them, intending thereby to maintain kinship ties and affection?
The majority of scholars hold that swearing by divorce results in divorce upon breaking the the oath, and that pronouncing divorce three times counts as three divorces.
However, Shaykh al-Islam Ibn Taymiyyah is of the view that swearing by divorce, when divorce is not intended to be a conditional pronouncement, is treated like an oath by Allah, and requires an expiation for an oath (kaffarat ) if broken, without divorce taking place. He also holds that pronouncing divorce three times counts as a single divorce.
Therefore, if you go out with your wife's family, you would divorce her three times according to the majority of scholars. According to Ibn Taymiyyah, if you did not intend divorce, you would be liable for an expiation for an oath, and no divorce would occur. If you did intend divorce, then a single divorce would occur.
It is preferable to present the matter to a court or to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/134269
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 134269
- 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