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Does the divorce, sworn to by the husband, not to take his wife to her family's home, occur if he then forgot and took her?

1 min readAlso available in العربية

The majority of scholars hold that a conditional divorce takes effect upon the fulfillment of the condition. However, Shaykh al-Islam Ibn Taymiyyah is of the view that an expiation for an oath (kaffarat yamin) is due if the husband did not intend the divorce. If the husband swore by divorce that he would not drive his wife home, and then he drove her home forgetfully, the divorce does not take effect. This is the more preponderant opinion chosen by Shaykh al-Islam Ibn Taymiyyah and Ibn al-Qayyim. Therefore, you remain under your husband's marital bond, and what occurred is not considered a third divorce.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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