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The question

Should the sister return to her husband who swears an oath of divorce with the phrases, "You are divorced from me by three [talāqs] if I have not done such and such," or "You are divorced by three [talāqs] if I have not given you this amount of money," knowing that the House of Fatwa [Dār al-Iftāʾ] ruled for them to remain married after he offered expiation, based on his statement that he did not intend divorce, despite his ill-treatment, and the presence of five children and a sick mother?

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

If a person asks people of knowledge about a disputed matter and acts upon their fatwa, which is based on a credible opinion, then there is no blame upon him. Some scholars, like Ibn Taymiyyah, held that if someone swears by divorce falsely, his wife is not divorced, and he is not obligated to offer expiation for an oath. Therefore, there is no blame in acting upon the fatwa that the divorce does not occur and the marriage remains valid, and it is permissible for the sister to return to her husband. If the sister perceives harm in staying with the husband, she should weigh the two harms and choose the lesser of them.

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Ftawy
Original fatwa ID
171358
Imported
Translation status
Source text, unreviewed
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