Must one atone for an oath of divorce made in a state of extreme anger if the wife went to her sister's house?
Swearing by divorce (Al-Helf bil-) has the ruling of a conditional divorce (Al-Talaq Al-Mu'allaq); thus, the divorce takes effect upon the occurrence of the condition sworn upon. This is the view of the majority of scholars and the acted upon. Ibn Taymiyyah, however, holds that if the husband did not intend divorce, it does not occur, and he is obligated to pay the expiation for an oath (kaffarat ).
If there was a reason for the prohibition and it has ceased, and the husband did not intend to forbid her absolutely, then the oath is not broken.
Anger does not lift accountability unless it reaches a point where the person does not comprehend what he is saying.
Good companionship should prevail between spouses, and problems should be avoided. Caution should be exercised against using divorce as a means to solve them.
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