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The question

Does an oath of divorce apply to a wife if she leaves to study, knowing that the husband's intention was to prevent her from frequent outings for errands and not from going to study?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If one swears by divorce and then breaks the oath, his wife is divorced according to the majority of scholars. However, if he did not intend divorce but rather affirmation and threat, then his wife is not divorced upon his breaking the oath, according to some scholars like Ibn Taymiyyah, and he is obligated to pay an expiation for an oath. What is held as authoritative by us is the opinion of the majority. Therefore, if you break your oath, your wife is divorced.

Breaking the oath depends on your intention regarding what you uttered. Intention in an oath specifies the general. So, if you swore to prevent your wife from going out, with the intention of preventing her for a specific purpose or place and not others, then you do not break your oath if she goes out for a purpose or to a place that you did not intend to prevent her from.

If you intended to prevent her from going out for her needs, as opposed to going out for study, then you do not break your oath if she goes out for study. We point out that the lawful oath is swearing by Allah Almighty, whereas swearing by divorce is among the oaths of the dissolute.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
161720
Imported
Translation status
Source text, unreviewed
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