What is the ruling on someone who swore to his wife, "If you do such and such, you are divorced by three and forbidden to me," with the intention of preventing her, and then the wife did what was mentioned, forgetfully, while she was pregnant? Is she considered divorced and forbidden to him, and is it permissible for them to have intercourse?
Suspending divorce on an action brings it into effect according to the majority of scholars. Ibn Taymiyyah holds that if the intention behind it is to urge or prevent, then it is an oath () that requires an expiation for an oath. If the wife performs the sworn-upon action out of forgetfulness, then divorce does not occur according to some who say it does occur, such as the Shafi'is. The saying "You are forbidden to me" depends on the intention of the speaker; if he intended divorce, then it is divorce; if he intended ẓihār, then it is ẓihār; and if he intended an oath or intended nothing, then it is an oath. Pregnancy does not prevent the occurrence of divorce.
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Reviewed by El Fatwa's sharia committee.
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