An Oath about Entering a House and the Stratagem (Hila) to Avoid It

Question

Question: Zayd, in anger, swore an oath about going into his house and said to his wife: “If I come into this house, then three talaqs upon you.” He said only these words, once. Three days have passed and Zayd has not gone into his residential house; however, Zayd is not the owner of this house. So the question is: Zayd now wants to go into this house — in what way can he go into this house so that he neither becomes sinful nor does talaq become binding (wajib)?

Answer

By pointing, Zayd specified: “If I come into this house, then three talaqs upon you.” Now, whether that house is Zayd’s property or not, in either case, by going into it three talaqs will take effect on his wife.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.