Does a wife's divorce take effect if the husband swore to divorce her if any of her family members entered his house, and then he agreed to her brother's coming to take her from her house?
A man's statement to his wife: "You will be divorced" carries two possibilities:
1. A promise of divorce: No divorce takes place by this, and he is not obligated to fulfill it.
2. Enacting the divorce: The divorce takes place upon her brother entering the house (unless he made an exception). This is the view of the majority of scholars. Ibn Taymiyyah holds that an expiation for an oath (kaffarat ) is required if he did not intend divorce, and he also believes it is possible for the husband to revoke the divorce in this scenario if he wishes.
According to the view that the divorce takes place, the husband can reconcile with his wife before the end of her waiting period (), provided this divorce does not complete the three divorces.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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