Does divorce occur if a man swears to his wife by triple divorce that she will not visit her sister in Qanater Prison, and then she visits her a year later in another prison to which her sister was transferred?
If the husband breaks his oath by intending to prevent his wife from visiting her sister in any prison, then a triple divorce ( al-thalath) occurs, and she becomes irrevocably divorced from him (baynunah kubra). She does not become lawful for him again unless she marries another man and then is divorced by him or he dies, and her waiting period () ends. This is the established legal opinion.
However, if his intention was to prevent her from visiting her sister in a specific prison, then he does not break his oath by her visiting her in another prison.
If he had no specific intention when taking the oath, but the reason for the oath necessitated restricting the prohibition to a specific time or place, then the oath is particularized by this reason.
Some scholars hold the view that if he did not intend to effect a divorce but rather to threaten, then divorce does not occur, and he is obligated to pay an expiation for breaking an oath (kaffarat ).
One must be cautious about swearing by divorce, as it is among the oaths of the dissolute, and grave consequences may result from it.
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