The ruling on one who swears by divorce that his wife will not leave the house
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You also ask and say: A disagreement occurred between her and her husband, so her husband swore by divorce that she would not leave the house and would not go to her parents' house. She says: I did not leave and remained in my house. During this time, my husband left the house and left me, then he returned to the house and had forgotten the disagreement that had occurred, and things between us returned to normal. What is the expiation for this oath, and what should my husband do to remove the effect of this oath, because he swore again that I would never visit my relatives? But I go out without his knowledge, so I do not enter their house; rather, they come out and speak to me at the door. What is the ruling in that?
Answer: If the intention was to prevent you from going to your relatives, and the intention was not divorce, but rather the intention was to prevent you from seeing your relatives, then he must expiate the oath with the expiation of an oath, and the ruling of this is the ruling of an oath. If he prevented you from going out to your relatives or from visiting your relatives, do not go out except with his permission. When he permits it, he owes the expiation of the oath if he intended to prevent you, even with his permission. However, if his intention was that you would not go out except with his permission, then when he gives permission, he owes nothing and you owe nothing.
As for if he intended to prevent you absolutely, then it occurred to him to give permission, he owes the expiation of the oath, as long as the intention and purpose was to prevent you, not to separate from you. Actions are by intentions. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 1 It is agreed upon as authentic. He is responsible for his intention, and he knows it best, and Allah is the One who asks him about it As long as his intention was to prevent you, not to separate from you, if you go out, he owes the expiation of an oath, which is feeding ten poor people or clothing them. Each person is given half a sa' of dates, rice, wheat, or other staple food of the country, or he clothes him with a shirt of the usual fabric, or an izar and a rida. And praise be to Allah. Yes.
The presenter: May Allah reward you.
Answer: If the intention was to prevent you from going to your relatives, and the intention was not divorce, but rather the intention was to prevent you from seeing your relatives, then he must expiate the oath with the expiation of an oath, and the ruling of this is the ruling of an oath. If he prevented you from going out to your relatives or from visiting your relatives, do not go out except with his permission. When he permits it, he owes the expiation of the oath if he intended to prevent you, even with his permission. However, if his intention was that you would not go out except with his permission, then when he gives permission, he owes nothing and you owe nothing.
As for if he intended to prevent you absolutely, then it occurred to him to give permission, he owes the expiation of the oath, as long as the intention and purpose was to prevent you, not to separate from you. Actions are by intentions. The Prophet (peace and blessings be upon him) said:
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىThe presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.