What is the ruling on one who swore an oath by divorce upon his wife that she should not take anything from her father (money, nor should he visit her with anything), then her mother visited her and gave her fruit?
If you conditioned a divorce on your wife's father's money running out, you do not break your oath (hant) if the fruit was from her mother's money, because an oath is based on the intention of the swearer. However, if it was from the father's money, the divorce takes effect if she takes it in the manner you intended to swear about. This is the opinion of the majority of scholars, in contrast to Ibn Taymiyyah, who holds that expiation for breaking an oath is required. The wife can ask her mother about the source of the fruit, and you do not break your oath if the reason for the oath disappears without any action on your part.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 117211
- 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
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