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The question

Is an expiatory offering (kaffarah) for an oath binding upon my husband, and is sexual intercourse permissible before the expiation, if he swore upon me that I would not go beyond the inner door of the house (i.e., that I would not go out into the courtyard) except only when getting into the car, and that if I were to go beyond it, then I would be divorced by triple talaq, and he is regretful for his oath, which was made in a moment of anger?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the wife leaves the house through the door for any reason other than getting into a car, she is divorced with three irrevocable divorces (talaq al-thalaath), and she becomes irrevocably separated from her husband (baynunah kubra). This is the view of the majority of scholars. Some scholars hold the view that a conditional divorce (talaq mu'allaq) that is not intended to effect divorce but rather to threaten, is treated like an oath (yamin). In this case, if the condition is violated, an expiation for an oath (kaffarat yamin) becomes obligatory, and no divorce occurs. However, if the wife obeys her husband's command and does not leave except to get into a car, then there is no divorce and no expiation, and the husband is permitted to have intercourse with her.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
151396
Imported
Translation status
Source text, unreviewed
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