What is the jurisprudential and social ruling concerning a young man who divorced his wife, saying: "By divorce, tomorrow I will withdraw the money for you and send you to your family's house," after a dispute arose between the wife and the husband's mother, and the wife refused to go to her family before recovering a sum of money she had given to her husband?
The majority of scholars hold that if an oath is sworn by divorce, divorce occurs if the condition sworn upon is met. However, Sheikh al-Islam Ibn Taymiyyah is of the opinion that the ruling on swearing by divorce, when the intent is not to make divorce conditional but rather to threaten or emphasize, is the same as the ruling on an oath. Thus, if the condition sworn upon is met, the one who swore the oath must pay an expiation for an oath (kaffarat ), and divorce does not occur.
Based on this, if you did not do what you swore upon (withdrawing the money, giving it to your wife, and sending it to her family), then you have broken your oath. If your intention was for your wife to go to her family's house, whether you sent her or she went herself, and you paid her the money on the same day, then you have not broken your oath. However, if you did not pay her the money, then you have broken your oath.
According to the view of Ibn Taymiyyah (if your intention was emphasis and not making divorce conditional), you are obligated to pay an expiation for an oath (feeding ten poor people or clothing them; if you cannot find them, then fasting for three days).
However, according to the view of the majority (which is the one typically issued as a ), divorce has occurred for your wife. If this was the first or second divorce, you may take your wife back (revoke the divorce) as long as she is within her waiting period (').
We advise you to take your wife back, return her to your home, treat her with kindness, and deal with her wisely. We also caution that swearing by divorce is impermissible, as the Messenger of Allah (peace be upon him) said: "Whoever swears an oath, let him swear by Allah or remain silent."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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