What is the ruling regarding a man's oath to his wife: "If you leave except by my permission, or without my permission, you are divorced"?
General Chapter
Al-Mughni
Book of Expiations
Primary text
The ruling for the phrases "except by my permission" (illa bi idhni) or "without my permission" (bi ghayri idhni) is that if she leaves without his permission, she is divorced, and the oath is dissolved. This is because the particle 'an' does not imply repetition; thus, one occurrence of breaking the oath dissolves it, similar to saying, "You are divorced if you wish." If she leaves with his permission, the oath is not broken because the condition was not met. The oath remains binding, and if she leaves later without permission, she is divorced.
Supporting text
The position of Al-Shafi'i states that the oath is dissolved upon the first instance of divorce, so she is not divorced if she leaves later without permission, as the oath was tied to a single departure event lacking repetition. Abu Hanifa rules that for "except by my permission" or "without my permission," the departure with permission is excepted from the oath and is not subject to breaking or fulfillment (Bar).