What is the ruling on divorce and what are its consequences if a husband swears to divorce his wife if she speaks to him during the holiday, knowing that the reason for the oath is his desire to spend Eid with his family in another country, leaving her and their children alone?
If a husband stipulates that his wife's divorce is contingent upon her speaking to him about vacation matters and she does speak to him, then the divorce occurs according to the majority of scholars, including the four madhhabs. This is in contrast to Sheikh al-Islam Ibn Taymiyyah, who holds that an expiation for an oath (kaffarat yamin) is required if he did not intend divorce. If the divorce occurs, he can take her back before the end of her waiting period (iddah) if this divorce does not complete the three divorces. The husband must obey his parents regarding traveling to spend Eid with them, unless doing so would cause significant harm to his wife and children. It is preferable for him to take his wife and children with him, as this would console her and perpetuate affection.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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