Does divorce take place if a man swears an oath of divorce upon his wife that she would be divorced if she leaves the house, then he follows her and takes her to her family himself, knowing that he was angry and did not intend divorce, but rather intimidation?
If your intention in preventing your wife from going to her family alone was to forbid her from going unaccompanied, then her going with you does not constitute breaking your oath. However, if your intention was to forbid her from going out alone absolutely, then you have broken your oath by her going out, and according to the majority of scholars, divorce occurs. You can take her back if it was not the third divorce. Some scholars, like Ibn Taymiyyah, are of the view that a conditional divorce ( mu'allaq) that is not intended to effect a divorce is considered an oath () for which expiation of an oath (kaffarat yamin) is required.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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