What is the religious ruling on having intercourse with one's wife after having sworn by divorce not to have intercourse with her again, knowing that the oath was not remembered due to severe forgetfulness?
The majority of scholars hold that whoever swears an oath by divorce and then breaks it, his wife is divorced, whether he intended divorce or merely a threat. However, some scholars, like Ibn Taymiyyah, are of the view that one who swears an oath by divorce for the purpose of threat or emphasis is only required to offer an expiation for an oath (kaffarat ), and his divorce does not occur. The relied-upon opinion (mufta bihi) is that of the majority. If you are predominantly certain that your wife is truthful in saying that you swore an oath by divorce to abstain from intercourse, and then you engaged in intercourse, then the divorce occurs. If this divorce does not complete the three divorces, then you can take your wife back (raj'ah) before the expiration of her waiting period (').
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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