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The question

Is the wife considered divorced if the husband does not perform the expiation for the oath of divorce or delays its performance, and what is the ruling on abandoning the expiation for the oath and not performing it?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed on the ruling concerning an oath of divorce if the one making the oath does not intend divorce by it. The majority of scholars hold that divorce occurs upon breaking the oath, and an expiation for an oath is not required. However, Sheikh al-Islam Ibn Taymiyyah is of the view that its ruling is like that of an oath by Allah, so if the one who swore breaks the oath, an expiation for an oath becomes obligatory upon him, and divorce does not occur. The immediate payment of the expiation is obligatory.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
138507
Imported
Translation status
Source text, unreviewed
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