What is the ruling on a husband returning to his wife when he swore to divorce her by thrice, while in a state of anger? And what is the expiation for that?
The relied-upon opinion for us is that if your husband brought you back from your family's home, you would be divorced from him with three pronouncements, and a major irrevocable divorce would be established between you, meaning you would not be permissible for him until you marry another husband out of genuine desire, and he consummates the marriage with you, then divorces you or dies, and your waiting period from him ends. This is the view of most scholars. Some scholars hold the view that if your husband intended by his oath emphasis, threat, or similar, and did not intend to effect a divorce, then he may take you back, and no divorce occurs, but he is liable for an expiation for breaking an oath (kaffarat ). However, if he intended by the oath to effect a divorce, then if he brought you back, one divorce would occur.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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