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Fatwa CenterSwore that he would leave his wife if she did something
Question
If a person swears that he will leave or that he and his wife will not continue together if she does something without his permission, is that considered as a divorse if she does something without his permission, although he did not directly say you will be divorced. If it is not considered as a divorse please advise what he has to do because of breaking his oath of "not continuing together". Please advise ASAP. Thank you
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If you mean that a person says to his wife: "I swear by Allaah, if you do such and such without my permission, I will leave you, or that our life will not continue.", then if she does that matter without his permission, he is not obliged to divorce her, but if he does not divorce her, he breaks his oath. In this case, he is obliged to expiate for breaking his oath; for more benefit on expiation, please refer to Fatwa 102811.
Finally, it should be noted that one should avoid swearing too much without a need, as this may lead a person to hardship, and Allaah ordered us to preserve our oaths. Allaah Says (what means): {But guard your oaths.}[Quran 5:89]
Allaah Knows best.
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