Is it Islamically permissible for a man who has divorced his wife with a first irrevocable divorce (طلاق بائن أولى) due to her seeking an annulment (على الإبراء) to take her back, knowing that there were several previous divorce oaths (إحداها معلقة بنية الطلاق والأخرى معلقة بنية التأديب), in addition to an oral marriage contract that took place between them after they returned to one of the shaykhs?
According to the majority of scholars, a divorce oath (al-halif bi al-) results in divorce if the condition sworn upon occurs. However, Sheikh al-Islam Ibn Taymiyyah holds that an oath of divorce intended for threat is treated like a regular oath (), meaning that if the condition sworn upon occurs, an expiation for an oath (kaffarat yamin) is due, but divorce does not take place.
Based on the view of the majority, the first divorce occurred when the wife left the house, and the second divorce has undoubtedly occurred. As for a false divorce oath, it does not result in divorce religiously (diyanatan).
The intention behind "waiting two months and renewing the contract" is unclear. Therefore, it is advisable to refer the matter to a court or present it to trustworthy scholars. With the third divorce, the wife becomes unlawful () for the husband until she marries another man in a valid marriage and is subsequently divorced.
One is prohibited from swearing by divorce, as the Messenger of Allah (peace and blessings be upon him) said: "Whoever swears an oath, let him swear by Allah or remain silent."
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