Does a divorce occur if a wife leaves for the stated permitted purpose, but then engages in other activities?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If the husband says, 'If you leave without my permission, you are divorced, except for visiting the sick,' and she leaves for the purpose of visiting the sick but then occupies herself with other matters, a ruling must be made. If the condition was, 'If you leave for a place other than the public bath without my permission, you are divorced,' and she goes to the public bath but then deviates to another place, there are two views. One view, the opinion of Al-Shafi'i, states that the oath is not broken because her initial departure was not for a forbidden place (i.e., not to a place other than the bath).
Supporting text
The second view holds that the oath is broken because the husband's intent is typically to prevent her from going to places other than the public bath or visiting the sick, and she deviated. This is based on the principle that the ruling regarding continuation mirrors the ruling regarding commencement. If one swears not to enter a house and remains inside, the oath is broken in one view. If she intended both the bath and other places, or visiting the sick and other places upon leaving, the oath is broken because she left for forbidden purposes.