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What is the ruling on an oath of divorce if a man says to his wife: "Divorce me threefold if you travel," and then he says to her: "Travel"? Does the divorce take place if she travels, or is an expiation (kaffarah) binding upon him?

1 min readAlso available in العربية

Divorce by oath is among the oaths of the wicked, and the husband is not excused by ignorance if he knows the meaning of divorce but is unaware of the details of its rulings. Conditional divorce, according to the majority of scholars, takes effect upon the fulfillment of the condition, and it cannot be revoked. The wife is subject to divorce if she was under his marital bond at the time it occurred. If he divorced her three times or more, it results in a major irrevocable divorce (baynunah kubra), and she does not become lawful for him again until after marrying another husband. If it was less than three divorces, he may take her back before the 'iddah (waiting period) is complete. Sheikh al-Islam Ibn Taymiyyah held the view that an expiation for an oath is required if divorce was not intended, and that it is permissible to revoke a conditional divorce if divorce was intended. However, what is fatwa-given by us is the view of the majority. Given the complexity of the issue and the multiplicity of possibilities, it is advisable to consult a Sharia court or speak directly with trustworthy scholars.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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