What is the ruling on one who swore an oath by divorce that a maidservant would not return, and what are the consequences if she does return, given the doubt about the wording of the oath?
A conditional divorce takes effect, according to the majority of scholars, upon the occurrence of the condition. However, Sheikh al-Islam Ibn Taymiyyah holds that an expiation for a broken oath (kaffarat ) is required if the husband did not intend divorce. If the wording of the oath was "I divorce my wife if you return," and the maid returned, the divorce takes effect according to the majority. If it was "I divorce my wife thrice if you return," then a triple divorce takes effect according to the majority, and the wife becomes unlawful to him until she marries another husband. Sheikh al-Islam holds that an expiation for a broken oath is required if he did not intend divorce, or a single divorce if he did intend it. If the number of divorces is doubtful, the lesser number is obligatory. If the oath was limited to "that maid will not return, and if she returns, your wife will be divorced," then an expiation for a broken oath can be offered or the wife can be divorced. Divorce is not obligatory unless it becomes impossible to fulfill the oath otherwise.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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