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What is the solution for a divorce oath sworn by the husband not to allow his wife into her mother's house, knowing that this is the last remaining pronouncement of divorce?

1 min readAlso available in العربية

The fatwa we adhere to is that if someone swears an oath by divorce, and then breaks that oath, the divorce takes effect, whether he intended to cause the divorce or merely to threaten. If this divorce is the third one, then the wife becomes irrevocably divorced from him (baynunah kubra), and he cannot remarry her unless she marries another man, separates from him, and her waiting period ('iddah) expires.

Some scholars, such as Ibn Taymiyyah, hold the view that divorce does not occur if the husband did not intend to cause it, but rather intended to threaten or emphasize, and he is obligated to pay the expiation for an oath (kaffarat yamin).

The ruling concerning your sister's husband depends on his intention or the reason that led him to swear the oath: - If he intended to permanently prevent his wife from entering her mother's house, then her entry at any time would break his oath. - If he intended to prevent her for a specific time and she did not enter during that time, then no divorce occurs and no expiation is due.

Our advice is that you present the matter to trustworthy scholars in your country, while also emphasizing that the legitimate oath is by Allah, and that swearing by divorce is among the oaths of the dissolute and has severe consequences.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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