Does divorce occur if the wife goes down to the neighbor's apartment in the same building, after the husband swore an oath of divorce upon her if she left the house through its door?
The ruling regarding whether or not a person has broken their oath depends on the intention of the swearer at the time of swearing. If he intended to prevent his wife from leaving without his permission or from going to her family's house, then he has not broken his oath by her going, and no divorce occurs. However, if he intended to absolutely prevent her from leaving, then he has broken his oath by her leaving. The (religious edict) given is that divorce occurs, though some scholars hold that divorce does not occur, and an expiation for breaking an oath is required. It is advised to present the matter to trustworthy scholars in the questioner's country.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/182718
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 182718
- 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
- Read the full answer on Ftawy