What is the ruling on a man saying to his wife: "By Allah, you will go to your parents' house divorced," more than three times, and how can she be returned?
This wording is a promise of divorce, and its صيغة (formulation) is futuristic. If the husband fulfills what he swore by, and his wife becomes divorced, then he has fulfilled his oath and the wife is divorced. He has the right to take her back as long as she is within her waiting period ('), if it was the first or second divorce. However, if he does not fulfill what he swore by, then there is nothing upon him except one expiation for an oath (kaffarat ), according to the Prophet's (peace be upon him) saying: "Whoever takes an oath and then sees something better than it, let him expiate for his oath and do that which is better." The expiation for an oath does not multiply with the repetition of the oath on the same thing.
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- Original fatwa ID
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