Is the oath sworn by the husband to his first wife, to divorce the second wife, considered an irrevocable divorce, especially with doubt regarding the time and condition of the oath, and his intention behind it?
The majority of scholars hold that swearing by divorce brings about the suspended divorce if the condition it is contingent upon occurs. However, Ibn Taymiyyah is of the view that it does not occur unless the husband intended for it to occur upon breaking the oath; otherwise, its expiation is the expiation for an oath (kaffarat ). There is no difference whether the oath was taken during the waiting period () or after reconciliation, except according to Shaykh al-Islam. The breaking of the oath does not occur except upon the fulfillment of the condition or description it was made contingent upon. The questioner is advised to abstain from his wife and to present the matter to a Shari court, or directly to scholars, to ascertain the details of the oath and the husband's intention.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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