What is the validity of the fatwa that obliges expiation for an oath of divorce made in a bad psychological state and before consummating the marriage, as opposed to the other fatwa that obligates the occurrence of divorce and thus the necessity of taking back the divorced woman?
The majority of scholars are of the view that swearing by divorce effects divorce upon breaking the oath. In this case, if the divorce occurs before consummation, the wife becomes irrevocably divorced (ba'inah), and it is not permissible to take her back.
However, Shaykh al-Islam Ibn Taymiyyah and those who followed him hold the view that swearing by divorce is an oath for which expiation for an oath (kaffarat ) is required.
The preferred summary in this is that breaking an oath of divorce is considered a divorce, and therefore, it is not permissible to take the wife back if the divorce occurred before consummation.
However, if you have adopted the fatwa of those who believe that breaking an oath of divorce is an oath for which expiation is required, then you may follow it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/99223
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 99223
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy