Did divorce occur with the saying "haram," without remembering the intention of divorce, and is it sufficient to fast for an oath if the wife returns to the market after it has expanded?
If you swore an oath to your wife that she would not enter the market because of overcrowding, and then the reason for the oath ceased to exist and the market became uncrowded, then you do not break your oath by her entering the market, and there is no expiation upon you, and no divorce occurs if you had sworn by it. The reason specifies the oath, so if the cause necessitating the oath is removed, then the action sworn against becomes permissible. Divorce does not occur with doubt about uttering it, because the default is the continuation of the marriage. The legitimate oath is by Allah Almighty, and swearing by divorce is among the oaths of the wicked.
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- Original fatwa ID
- 133915
- Imported
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