Is a wife forbidden to her husband if she leaves the house without his permission after he told her: "If you leave without my permission, then you are forbidden to me," and then she left unintentionally and informed him of that?
Scholars differ concerning the prohibition of one's wife (tahrim al-zawjah): some consider it ẓihār, others consider it a divorce, and yet others consider it an oath. What is fatwa-given by us is to differentiate between whether the intention behind it was divorce, ẓihār, or an oath. So, if the wife leaves without the husband's permission, what the husband intended by the prohibition takes effect. However, if she leaves out of forgetfulness, there is a difference of opinion among scholars regarding whether the oath is broken. Al-Nawawi mentioned that there are two opinions concerning the occurrence of divorce if the action upon which it was conditioned occurred out of forgetfulness, duress, or ignorance, whether the doer was aware of the condition or not.
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- 134298
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