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The question

What is the ruling of Sharia on a wife going out to visit her sister's son who is ill with cancer, and for a dental appointment, knowing that her husband frequently swears oaths and has sworn to divorce her and expressed his anger, saying: "It is forbidden, and divorce from you, you will not leave this place"?

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

The adopted by us is that if someone swears using the words " and " and then breaks their oath, a divorce (talaq) occurs for his wife, and he is bound by what he intended by the word "haram." However, some scholars, such as Ibn Taymiyyah, are of the opinion that the ruling on swearing by talaq, when the intention is not to effect a divorce but rather to threaten or emphasize a matter, is the same as swearing by Allah. In this case, one must offer an expiation for an oath (kaffarat yameen), and no divorce occurs if the oath is broken. This man's breaking of the oath depends on his intention behind what he uttered. If he intended to prevent her from going out generally, then he breaks his oath by her going out for any purpose. If his intention was to prevent her from going to specific places or at specific times, then his breaking of the oath is specific to what he intended. The permissible oath is swearing by Allah the Almighty.

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Original fatwa ID
189798
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