Yamin al-Fawr: “If You Go to Your Father’s — All Three Talaqs”

Question

Question: A husband beat his wife; the wife, in anger, went to a neighbour’s house and was not willing to come home. At this the husband said in anger: “If you go even to your father’s, then all three talaqs upon you,” and then, as they went on quarrelling, he said: “Yes, if you set foot on your father’s homestead, then all three talaqs.

Answer

This is a case of yamin al-fawr (an oath bound to the immediate occasion). If the husband says that his aim was precisely this: “You left my house out of anger and displeasure, so first go back there; if, before going back there, you went to your father’s house, then all three talaqs,” then the husband’s word, with an oath, will be accepted.

Source: Fatawa Mahmudiyya

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