What is the ruling on the occurrence of the three oaths of divorce mentioned, without the intention of effecting divorce? What is the ruling on delaying the payment of expiation? Is a single expiation permissible for all oaths? And how is the expiation for an oath paid?
Regarding the first oath in which he swore by divorce, believing himself to be truthful and not intending to lie, his divorce does not take effect, nor is expiation due from him, as stated by Ibn Taymiyyah.
As for the second and third oaths, which are swearing to his wife and children that they would not eat with him, and to his wife that she would not remain in the house, then retracting these oaths: The (ruling) according to us is that divorce does occur, and this is the view of the majority of scholars. However, according to Sheikh Al-Islam Ibn Taymiyyah, divorce does not occur unless he intended to effect it, but he is required to pay expiation for each oath. The expiation for an oath is feeding ten needy persons or clothing them, or fasting three days for whoever cannot find [the former options], and it is more prudent to pay it immediately.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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