What is the ruling on a husband having intercourse with his wife before expiating an oath of divorce? And has the divorce occurred?
The majority opinion is that divorce takes effect when one swears by divorce and then breaks the oath, and this is the we adhere to. Ibn Taymiyyah, however, holds that swearing by divorce, when the intention is not to make the divorce conditional but rather to threaten or emphasize a matter, takes the ruling of swearing by Allah. In this case, expiation () becomes obligatory upon breaking the oath, which involves feeding ten needy persons or clothing them. If one cannot find them, then fasting for three days. Breaking the oath and the obligation of expiation do not prevent the husband from having intercourse with his wife.
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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