What is the ruling on one who swore by divorce not to return to his job after Eid, then he returned?
The majority of scholars and the four Imams hold the view that a divorce oath takes effect upon the occurrence of its breach. However, Sheikh al-Islam Ibn Taymiyyah was of the opinion that if one intends for the divorce oath to result in divorce, then it is a conditional divorce that takes effect when the condition is met. But if one intends to prevent something or to threaten, then it is a conditional oath for which only an expiation (kaffarah) is required upon breach.
Based on this, if you swore not to return to your job and then you did, the divorce is effective according to the majority of scholars, and this is the preponderant view. According to Ibn Taymiyyah, an expiation for an oath is required if you did not intend divorce.
According to the view that the divorce takes effect, you can reconcile with your wife before her 'iddah (waiting period) ends, provided that this divorce does not complete three divorces. Her 'iddah ends when she becomes pure from her third menstrual period after the divorce, or upon giving birth if she is pregnant, or after the passing of three months if she does not menstruate.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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