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Is the wife divorced if the husband goes up to his family's house and speaks with his sister, after he swore: "Today, that's it, I will not go up and speak to my sister; if I go up and speak to her, you are free of me"?

1 min readAlso available in العربية

The husband's statement: "As of today, I will no longer go out and speak to my sister. If I go out and speak to her, you are free from me," is considered a kinayah (allusive) divorce. Divorce occurs through it if the husband intended to effect a divorce upon the occurrence of the action. However, if he did not intend divorce but only intended to restrain himself, then an expiation for a broken oath (kaffarat yamin) is required, and no divorce occurs. The intention is a matter that rests solely with the husband, and the intention of divorce may vary depending on the circumstances the husband aimed for.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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