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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A man swore to his wife with a divorce oath that she would not go to a certain place. Is it permissible for him to retract?

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Question:
May Allah reward you. Your Eminence, the father, the questioner says: A man swore to his wife with a divorce oath that she would not go to a specific place, then he wanted to retract his oath. The question is: Is this oath considered a vow (nadhr), and is it obligatory for him to pay the expiation for a broken oath, or does it carry the ruling of a suspended divorce?

Answer:
It is a suspended divorce. If he said to her, "If you do such-and-such, you are divorced," this is a divorce suspended on the act, on the doing of the thing he wanted to prevent her from doing. The scholars differed on whether this results in a divorce or is an oath that is resolved by expiation. There are two opinions. If he intended divorce, there is no doubt that the divorce takes place by consensus. But if he did not intend divorce, and only intended to prevent her, that is where the disagreement lies. That is the point of disagreement among the scholars. And according to all of them, he does not have the right to retract from that. He does not have the right to retract from the condition. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [2188- 4717] حلف شخص على زوجته بالطلاق ألا تذهب إلى مكان ما ، هل يجوز له أن يتراجع؟ — youtube.com

The Arabic text is a machine transcription of the audio recording.

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