Back to search
The question

Does divorce occur if the wife helped a certain family with medical information remotely and without her husband's knowledge, given that he swore, "If you help this family, then you are divorced"?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The husband is advised to consult a scholar directly or refer to the competent authority. A contingent divorce takes effect upon the occurrence of the contingency, according to the majority of scholars, whether the husband intended divorce or threat. However, Ibn Hazm disagreed with this, and Ibn Taymiyyah held that it does not take effect if the intention was to prevent something, and in that case, an expiation for breaking an oath is required. The intention of the swearer is taken into account in an oath, and if there was no intention, then the reason for the oath is considered. Ibn al-Qayyim said: "Intention affects an oath by specializing, generalizing, releasing, and restricting it, and the reason stands in its place when intention is absent." One must be cautious about being lenient with divorce and should resolve problems through mutual understanding, as Satan is eager to cause separation between spouses.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
194963
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy