Does a divorce, issued as an oath, take effect if the wife goes to her family after a week, given that her father refused her departure, and knowing that the husband is in another country and the wife is on leave?
The majority of scholars hold that a conditional divorce occurs upon the fulfillment of the condition, and this is the most preponderant opinion. If you swore to divorce your wife if she did not return to her family within a week, then if she returns before the end of the period, there is nothing upon you. However, if the week passes before her return, then a divorce has occurred according to the majority. You may take her back before her iddah (waiting period) is complete, provided this divorce does not complete the three divorces. The wife's presence, knowledge, or the consent of her guardian is not required for the رجعة (revocation of divorce). Sheikh al-Islam Ibn Taymiyyah held that an expiation for breaking an oath is required if you did not intend divorce. We also bring to attention that a wife is not obligated to live with her husband's family; rather, she has the right to have her own independent residence.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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