Does divorce occur if one swears not to take back his wife, then takes her back after a period, and is sending her with his brother considered a circumvention of the oath?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The we adopt is that if someone swears an oath of divorce to refrain from something, and then does it, his divorce takes place. However, if the purpose of going to the wife's family home is to bring her back, then the husband breaks his oath and the divorce takes place, even if he resorts to trickery to invalidate the oath. But if he goes for another purpose, he does not break his oath. If the wife returns without him going, then no divorce takes place, and the oath is dissolved. According to Sheikh Al-Islam Ibn Taymiyyah, divorce does not take place, but an expiation for breaking an oath becomes obligatory.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/149944
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- Ftawy
- Original fatwa ID
- 149944
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy