Does a divorce that a man swore by to his friend, while in a state of anger and not intending divorce, take effect, knowing that he has not yet consummated his marriage with his wife, and is the legal expiation sufficient for that?

If a man divorces his wife intentionally, the divorce takes effect according to the majority of scholars. However, Shaykh al-Islam Ibn Taymiyyah is of the view that he is required to pay an expiation for breaking an oath (kaffarat yameen).

If the anger was so intense that the divorcer did not comprehend what he was saying, then the divorce does not take effect. But if he was aware of what he was saying, then the divorce takes effect according to the majority.

If the husband was aware of what he was saying at the time of the divorce, and his friend performed the aforementioned act out of ignorance or forgetfulness, then the divorce does not take effect according to the Shafi’is, while it does take effect according to the majority. Since the divorce occurred before consummation (dukhool), it is an irrevocable divorce (bain) and an expiation for breaking an oath is not sufficient; rather, a new marriage contract must be concluded for him to return to his wife.

According to the view of Shaykh al-Islam Ibn Taymiyyah, an expiation for breaking an oath is sufficient, whether it was before consummation or after.