My father swore to divorce me because I returned to my husband's house, so what is the ruling?
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Question:
Some private problems occurred between me and my husband, so he took me to my parents' house, and I stayed there for about a year. When I returned to my husband's house, my father swore to divorce me if I entered his house, out of anger at me for returning to my husband's house. Please advise us, may Allah reward you with good?
Answer:
This requires looking into your father's divorce oath. If his intention in the divorce was to prevent you from going to your husband, and his intention was not to effect the divorce, but rather to frighten you from doing so and to prevent you from going, then this has the ruling of an oath according to the most precise scholars of knowledge. The expiation of an oath is sufficient for it, and there is no blame on you for returning to him, entering the house, and greeting him, if his intention in that was only to emphasize preventing you from going to your husband's house out of anger at him, and his intention was not to effect the divorce of your mother. Then this divorce has the ruling of an oath according to the most precise scholars of knowledge, and the expiation of an oath is sufficient for it.
However, if his intention in that was to effect the divorce, his intention being to effect the divorce of your mother, or of his other wife, if you went to your husband's house; then a divorce takes effect on her if she goes, and he should take her back immediately, and bear witness with two witnesses from among the people of good immediately that he has taken her back, and that is sufficient, and there is no need to renew the contract if the divorce was the first divorce, or the second divorce. But if this divorce is the last divorce, it is the final divorce; then the wife becomes divorced from him, whether she is your mother or not, she becomes divorced from him by the final third divorce if he intended to effect the divorce if she went to your husband's house, and Allah is the One to be sought for help.
Some private problems occurred between me and my husband, so he took me to my parents' house, and I stayed there for about a year. When I returned to my husband's house, my father swore to divorce me if I entered his house, out of anger at me for returning to my husband's house. Please advise us, may Allah reward you with good?
Answer:
This requires looking into your father's divorce oath. If his intention in the divorce was to prevent you from going to your husband, and his intention was not to effect the divorce, but rather to frighten you from doing so and to prevent you from going, then this has the ruling of an oath according to the most precise scholars of knowledge. The expiation of an oath is sufficient for it, and there is no blame on you for returning to him, entering the house, and greeting him, if his intention in that was only to emphasize preventing you from going to your husband's house out of anger at him, and his intention was not to effect the divorce of your mother. Then this divorce has the ruling of an oath according to the most precise scholars of knowledge, and the expiation of an oath is sufficient for it.
However, if his intention in that was to effect the divorce, his intention being to effect the divorce of your mother, or of his other wife, if you went to your husband's house; then a divorce takes effect on her if she goes, and he should take her back immediately, and bear witness with two witnesses from among the people of good immediately that he has taken her back, and that is sufficient, and there is no need to renew the contract if the divorce was the first divorce, or the second divorce. But if this divorce is the last divorce, it is the final divorce; then the wife becomes divorced from him, whether she is your mother or not, she becomes divorced from him by the final third divorce if he intended to effect the divorce if she went to your husband's house, and Allah is the One to be sought for help.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.