What is the ruling on working based on the husband's permission after he swore by divorce that his wife would not work, with the husband's intention not to effect the divorce and his inability to pay the expiation?
Swearing an oath by divorce is, according to the majority of jurists, subject to the same ruling as a conditional divorce, and thus the divorce takes effect upon the occurrence of the condition. However, according to Sheikh Al-Islam Ibn Taymiyyah, if the one swearing the oath intends to deter or prevent something, and dislikes divorce, then it is an oath for which expiation is due. This expiation is feeding ten poor persons, or clothing them, or freeing a slave. If one cannot find these, then fasting for three days. The husband is not obliged to accept money from the wife for the expiation, and if he is unable to afford it, it remains a debt upon him until he becomes able.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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