What is the ruling of Islamic law regarding the occurrence of divorce in the following cases: 1. Suspending divorce on the wife's failure to return home at a specific time, then retracting this condition before her return, without paying expiation for the oath (kaffarat al-yamin)? 2. Suspending divorce on the wife's failure to return from travel by a specific date, then the husband agreeing to her delay and retracting the condition of divorce, without paying expiation for the oath? 3. Swearing to forbid eating a specific type of rice, then the wife eating from it after paying expiation for the oath? 4. Swearing an oath upon the wife not to speak ill of the husband's family in his absence, while the husband forgets this oath and considers it to have been issued in a moment of anger?
The majority of scholars hold that if a husband makes his wife's divorce contingent upon a condition, he cannot retract it. If the condition is met, the wife is divorced, whether the husband intended to effect a divorce or merely to threaten. Ibn Taymiyyah, however, holds that if the husband intended to effect a divorce upon the fulfillment of the condition, he may retract it. But if he intended to threaten or prevent something, the divorce does not occur, and he is obligated to pay an expiation for breaking an oath (kaffarat yamin).
Based on this: - If you made your wife's divorce contingent with the intention of effecting a divorce: According to Ibn Taymiyyah, you may retract the condition, and no expiation is due. According to the majority of scholars, the divorce occurs. - If you made her divorce contingent with the intention of threatening or preventing: According to Ibn Taymiyyah, the divorce does not occur, and you are obligated to pay an expiation for breaking an oath if you violate it. According to the majority of scholars, the divorce occurs. - If it is impossible for the wife to fulfill the condition (such as being unable to return from a journey due to circumstances beyond her control): Some scholars, like Ibn Qudamah and Ibn al-Qayyim, hold that no divorce occurs and no expiation is due, because the inability was not due to her action.
As for swearing by what is forbidden (al-halif bil-haram): - If you intended divorce by it: Your wife is divorced if you violate it. - If you intended dhihar by it: Dhihar occurs. - If you did not intend divorce or dhihar by it: You are obligated to pay an expiation for breaking an oath if you violate it.
It is advisable to present the matter to trustworthy scholars.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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