What is the ruling on an oath of divorce concerning a past, completed action, while being certain that the action occurred, and that the oath was made to preserve the home?
Swearing by divorce falsely is a heinous sin, and its perpetrator must repent. His fear of losing the house does not justify swearing by divorce falsely. Divorce takes effect according to the majority of scholars. Therefore, this husband can take back his wife before her waiting period (iddah) is complete, provided this divorce does not complete the three divorces. Ibn Taymiyyah disagreed with the majority, stating that neither divorce nor an oath expiation is binding on him, but rather he must repent from swearing falsely. The preponderant view is that of the majority of scholars.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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