What is the religious ruling on a wife returning to her husband after her second divorce, knowing that the wife claims the third divorce occurred due to a broken oath made by the wife 10 years ago, and the husband does not recall this broken oath?
The second divorce pronounced in a state of extreme anger: If the anger reached the point of losing one's mind, the divorce does not occur, based on the Prophet's (peace be upon him) saying: "No divorce or manumission in a state of compulsion/closure (ighlaq)." However, if the anger does not remove one's rationality, then the divorce is effective.
As for the conditional divorce: If you do not recall the oath, it is not binding upon you unless your wife confirms it. Scholars have differed regarding conditional divorce if the intention was to make an oath, not to effect a divorce. The majority of scholars hold that it occurs, while Shaykh al-Islam Ibn Taymiyyah is of the view that it is an oath that can be expiated with an oath expiation. You are asked about your intention: If you intended to divorce, then it is an effective divorce according to everyone. If you intended to threaten her, then you owe an oath expiation according to Shaykh al-Islam and those who agree with him, contrary to the majority whose view is given in fatwas.
If the three divorces have occurred, then your wife has become irrevocably separated from you, and she becomes a stranger to you. You must treat her like any other strange woman. You are permitted to house her in a separate dwelling and provide for her. As for residence, it is tied to the agreement of the country she came from. If the divorces did not reach the point of irrevocable separation, you can reconcile with your wife. It is advised to fear Allah and strive to abandon anger, and to cultivate patience and endurance, as Allah Almighty says: {and those who restrain anger and pardon people—and Allah loves the doers of good} [Aal Imran: 134].
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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