Does a triple divorce take effect if a man delegates another to marry off his daughter to someone from the "Wahdan" family, after he swore, "By triple divorce, we will not marry her to anyone from the Wahdan family"?
If the father, by his oath of divorce, intended that he himself would not conduct his daughter's marriage, and her brother then married her off, the divorce does not occur. However, if he intended that his daughter should not be married at all to a specific family, and the marriage to that family took place, then divorce occurs according to the majority of jurists. Shaykh al-Islam Ibn Taymiyyah holds that an oath does not result in divorce if it was intended for urging or preventing, and in such a case, an expiation for breaking an oath is due. The guardianship of marriage belongs to the father, so it is not permissible for anyone else to marry her off except with his authorization or if he prevents her marriage unjustly (عضله).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 90193
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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