Does the divorce sworn by the husband to his son in the صيغة (formulation) "علي الطلاق بالثلاثة لمسفرك علي الطلاق بالثلاثة لمسفرك علي الطلاق بالثلاثة من أمك دي لمسفرك" to prevent him from traveling, take effect, and is expiation obligatory upon him, knowing that the son's travel will ruin his future and return him to bad company?
If sending the child away leads to certain or probable harm to him, then it is not permissible to send him away. However, if the harm is imagined and it is possible to send him away and then bring him back, there is no harm in it, and it is better than breaking an oath and dissolving the marriage. The husband's intention behind sending the child away should be considered.
Furthermore, divorce occurs upon breaking the oath, but some scholars believe that if a divorce oath () is not intended as a divorce, it takes the ruling of an oath, and an expiation for an oath (kaffarat yameen) becomes obligatory upon breaking it. They also believe that pronouncing three divorces at once counts as a single divorce. This opinion is more weighty and stronger than the opinion of the majority of scholars, but if a judge rules according to it, his ruling is enforceable. Therefore, the matter should be presented to the courts.
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