Is the aforementioned text considered an oath or a divorce?
We have previously clarified the scholarly disagreement regarding swearing an oath by divorce, whether it is a conditional divorce that takes effect upon breaking the oath, or an oath that requires expiation if the person breaks it. It appears from the question that the husband's statement: "You are divorced in any case, whether you return to my house or not" is considered an immediate, enforceable divorce, as it is explicit and directed at the wife. He may take her back before her waiting period (iddah) ends, provided this divorce does not complete the three divorces.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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