What is the expiation for an oath of divorce made binding upon the wife, if the purpose of it was intimidation, and should the expiation be before or after the act?
The majority of scholars hold that if a person swears an oath by divorce and then breaks it, his wife is divorced, whether he intended to enact the divorce or merely to threaten. However, Shaykh al-Islam Ibn Taymiyyah is of the view that an oath by divorce made for the purpose of threat or emphasis is like swearing an oath by Allah. Thus, if he breaks it, he must pay an expiation for an oath (kaffarat ), and the divorce does not occur. The relied-upon is the opinion of the majority. Therefore, if the wife does what she was forbidden from doing, she is divorced, and she can be taken back (revocable divorce) before the expiration of her waiting period () if this divorce does not complete the three divorces. As for the opinion of Ibn Taymiyyah, if the intention was to threaten and not to enact divorce, then the divorce does not occur, and an expiation for an oath is required.
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Reviewed by El Fatwa's sharia committee.
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