Does a divorce occur by saying, "Upon divorce, my wife shall not sit in the house," or "Upon divorce, you shall leave the house tomorrow for your father's house," if the wife does not leave due to the husband's family's disapproval, and is there an expiation for that?
If a man swears an oath by divorcing his wife and then breaks his oath, his wife is divorced according to the majority of scholars. An exception to this is made for one who intended only emphasis and threat by his oath and did not intend divorce; in such a case, according to some scholars like Ibn Taymiyyah, his wife is not divorced, and he is obligated to pay an expiation for breaking an oath (kaffarat ).
So, if a man swears an oath by divorcing his wife that she must leave the house, and she does not leave, then her divorce has occurred. If it is not a third divorce that completes the three divorces, he may take her back during her waiting period () by saying: "I take you back" or "I take my wife back," and it is recommended to have witnesses for the رجعة (taking back).
However, according to Ibn Taymiyyah's view, if the intention was to threaten and not to effect a divorce, then no divorce occurs, and he is obligated to pay an expiation for breaking an oath.
It should be noted that the permissible oath is by Allah Almighty, and swearing an oath 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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