Is it permissible for my husband to eat the meat he swore to abandon, saying, "By divorce, I will not eat meat," while not intending divorce? And does this constitute a divorce, or is an expiation for an oath required of him?
The relied-upon opinion with us is that if your husband eats from the meat he swore by divorce not to eat, his divorce falls upon you, and there is no expiation () for him. He may take you back before the ' (waiting period) expires, provided this divorce does not complete the three divorces. Some scholars, like Ibn Taymiyyah, held that if he swore by divorce intending to threaten or emphasize, and not intending to cause divorce, then an expiation for an oath (kaffarat ) is incumbent upon him, and his divorce does not occur. We point out that the lawful oath is to swear by Allah the Almighty, whereas swearing by divorce is among the oaths of the dissolute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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