Does divorce take effect with the words: "Divorce be upon me from you, I will not speak to her, neither her nor anyone else," then speaking to her occurs, and is an expiation (fidyah) obligatory, knowing that the husband is traveling and his wife is in another country?
Divorce occurs when an oath is broken. If this pronouncement of divorce does not complete the three (talaqs), then it is permissible for the husband to take his wife back before her 'iddah (waiting period) expires by saying, "I have taken my wife back," without requiring her presence or consent. This is the view of the majority of scholars. Some scholars hold the view that if someone swore an oath of divorce with the intention of emphasizing something, not with the intention of effecting a divorce, then if he breaks his oath, his divorce does not occur, and he is obligated to offer an expiation for an oath.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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