I have a question: Is intercourse before expiating an oath of divorce forbidden?
Scholars have differed on the ruling concerning an oath of divorce if a man wishes to recant it. The majority of them hold that it is a contingent divorce that takes effect upon the occurrence of the condition, and it cannot be recanted. However, Sheikh al-Islam Ibn Taymiyyah and those who agreed with him held that it is an oath like any other oath, provided the husband did not intend to effect the divorce upon breaking it, but rather intended emphasis and warning. In this case, he may dissolve the oath and expiate it with a (expiation) for an oath: feeding ten poor persons, or clothing them, or freeing a slave. Whoever cannot find these, then fasting for three days. There is no blame upon him for approaching his wife before expiation, due to the saying of the Prophet, peace and blessings be upon him: "Whoever takes an oath and sees something better than it, let him do that which is better, and let him expiate for his oath."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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