“If I have intercourse before Hajj, my wife is divorced”

Question

Question: Before his marriage a man swore an oath: “Until I perform Hajj, I will not marry.” But his family married him off by force. After the marriage he swore: “Until I perform Hajj, I will not have intercourse; if I have intercourse, this wife will be divorced (talaq).” The question is: will talaq take effect through intercourse, given that he does not have the financial means to perform Hajj?

Answer

By marrying before Hajj, expiation (kaffara) for the oath became binding on him. Then, if after the marriage he has intercourse before performing Hajj, expiation for the oath will also become binding, and one revocable (raj‘i) talaq will take effect, in which the right of taking back (ruju‘) remains until three menstrual periods of the ‘idda have passed.

Source: Fatawa Mahmudiyya

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