Is it permissible to retract an oath of divorce, "By divorce, you will not go to your family's house," that was uttered with the intention of preventing the wife from going, and would a divorce occur if the wife were to go now?
An oath of divorce cannot be dissolved or revoked. When the oath is broken, divorce occurs according to the majority of scholars, unless the oath had a specific reason that has since ceased to exist. If you intended absolute divorce, then the wife's departure necessitates divorce, and you can take her back before her (waiting period) expires if it was the first or second divorce. It is advisable to permit her to visit her family so that the divorce takes place, then immediately take her back without a new contract or witnesses. This is easier than preventing her from visiting her family. Caution must be exercised against rushing into divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 96095
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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