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What is the ruling on a divorce oath [yamin al-talaq] made by saying "By divorce, I will not take the house" [‘ali al-talaq ma akhudh al-bayt], and is expiation for an oath [kaffarat al-yamin] permissible in the questioner’s country of residence or in their home country, and what is the ruling on intercourse after this oath?

1 min readAlso available in العربية

Divorce occurs if a man suspends his wife's divorce upon an event and that event materializes. This is the view of the majority of jurists, even if the husband did not intend divorce. However, Sheikh Al-Islam Ibn Taymiyyah holds that it does not occur if the intention was to prevent something, and an expiation for a broken oath (kaffarat yamin) is due. If there was a reason for swearing by divorce and that reason ceased to exist, then the sworn-upon act was done, divorce does not occur. It is permissible to transfer the expiation to another country, and there is no harm in conjugal relations before or after the expiation.

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

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