Is it permissible for the wife to use her salary to purchase household necessities, such as a dishwasher, and to buy gifts for her husband and children, after the husband swore by triple divorce that he would not approach her salary, use it, or spend from it?
The majority of jurists hold that swearing an oath by divorce—whether intended as a divorce or a threat—results in divorce upon breaking the oath, and that pronouncing divorce three times counts as three divorces. This is the established ruling. However, Ibn Taymiyyah is of the view that swearing an oath by divorce, when the intention is not to suspend divorce but merely to threaten, necessitates an expiation for an oath (kaffarat ) and does not result in divorce. He also holds that pronouncing divorce three times counts as a single divorce. As for what falls under an oath and what does not, it refers back to the intention of the one swearing the oath, for oaths are based on intention, even if it contradicts the apparent meaning of the word, as long as the word can bear that interpretation. If there is no intention, then one refers to the reason for the oath and its motive.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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