A heated argument occurred between me and my wife while we were in our home country, and she spoke words that angered me greatly, so I swore an oath against her
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Question: A heated argument occurred between me and my wife while we were in our home country, and she spoke words that angered me greatly, so I swore an oath against her that if I went to any foreign country, she would not be under my responsibility, or would be divorced from me. Now I have come here to the Kingdom two months ago. Is my wife still under my responsibility, or has my oath taken effect? If so, what must I do to take her back?
Answer: If your intention in this oath of divorce was to prevent yourself from traveling to another country, and you did not intend to make the divorce conditional on this departure, then this is treated as an oath. If you travel to another country, you must pay the expiation for an oath.
The expiation for an oath, as stated in the Qur'an, is freeing a slave or feeding ten
poor people, or clothing ten poor people. You may choose among these three things. If you cannot find any of them, you must fast for three days.
However, if your intention was to make the divorce conditional on traveling, then if you travel, your wife is divorced.
If a previous divorce had occurred before this, and the total number of divorces reaches three, then she has been divorced from you with a final divorce, and she is not lawful for you again except after marrying another husband. If no previous divorce occurred, then it is a revocable divorce, and it is permissible for you to take her back as long as she is in the waiting period. If the waiting period ends before you take her back, you must contract a new marriage with her, because the first contract ended when she completed the waiting period.
Answer: If your intention in this oath of divorce was to prevent yourself from traveling to another country, and you did not intend to make the divorce conditional on this departure, then this is treated as an oath. If you travel to another country, you must pay the expiation for an oath.
The expiation for an oath, as stated in the Qur'an, is freeing a slave or feeding ten
poor people, or clothing ten poor people. You may choose among these three things. If you cannot find any of them, you must fast for three days.
However, if your intention was to make the divorce conditional on traveling, then if you travel, your wife is divorced.
If a previous divorce had occurred before this, and the total number of divorces reaches three, then she has been divorced from you with a final divorce, and she is not lawful for you again except after marrying another husband. If no previous divorce occurred, then it is a revocable divorce, and it is permissible for you to take her back as long as she is in the waiting period. If the waiting period ends before you take her back, you must contract a new marriage with her, because the first contract ended when she completed the waiting period.