Saying that the wife will be divorced if she goes to the neighbors


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A: If your intention by saying to your wife, “If you go there, you will not be my wife,” was Talaq (divorce pronounced by a husband), and she went, one pronouncement effecting Talaq occurred. You may take her back in marriage, as long as she is still in her ‘Iddah (woman’s prescribed waiting period after divorce or widowhood) provided you had not pronounced Talaq twice before. However, if your intention from these words was to prevent your wife from visiting the neighbors and not to pronounce Talaq, and she then went to visit them, this is not regarded as a Talaq; rather, it comes under the ruling of a broken oath. The Kaffarah (expiation) that should be made for it is to feed ten poor people, clothe them, or free a believing slave. If you cannot do that, you should observe Sawm (Fasting) for three days. If you do not know whether she went to those two houses or (Part No. 20; Page No. 78) just one of them, it is not sinful for you to have conjugal intercourse with her. This is because the fundamental ruling is that the ‘Ismah (the bond of marriage) continues [as long as nothing breaks it]. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family and his Companions.




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Yasser Salama