Does divorce take place if the husband says: "Divorce upon your back if you do such and such a thing," and the wife does not do it, knowing that he said it during a period of purity in which he had intercourse with her, and he had intercourse with her again a week after his statement?

Scholars differed on the ruling regarding swearing by divorce if it is conditional. The majority of them hold the view that divorce occurs upon breaking the oath, and this is the issued fatwa (definition). However, Ibn Taymiyyah and those who agreed with him believe that divorce does not occur if the intention behind the oath was affirmation, prevention, or incitement, and the one who swore the oath must pay an expiation for breaking an oath.

If the husband breaks his oath, by which he intended to effect a divorce upon his wife or upon one who is under his marital bond, then the divorce occurs. If the pronouncement of divorce does not complete three divorces, he may take her back before the expiration of her waiting period (iddah (definition)).

The majority of scholars hold that divorce occurs during menstruation or during a period of purity in which sexual intercourse has taken place, despite it being an innovative (bidi) divorce. The consideration for a divorce being Sunnah (definition)-compliant or innovative is based on the time it occurs, not on the time it was made conditional.

Reconciliation (rajah) occurs by the husband saying, "I have taken my wife back," or by having intercourse with her. If divorce occurred and the husband was unaware of its occurrence, and then he had intercourse with his wife during her waiting period, this is considered a reconciliation.