What is the ruling of Sharia concerning a husband who swore an oath of divorce twice unintentionally, then swore "By divorce, I will not take from your money," and then took the money after a period of time, and is the wife considered a partner with him in half of his share of a joint project in exchange for what he took from her money with her consent?
Swearing an oath by divorce results in divorce, according to the majority of scholars, if the sworn-upon event occurs. However, some scholars, like Ibn Taymiyyah, are of the opinion that it is an oath requiring expiation if the one swearing did not intend divorce. It is advisable to refer to the court.
As for the wife's money taken by the husband: if it was conditional upon her entitlement to a share of his real estate, then she has that right. If it was a gift from her, then it is not permissible to revoke it. Imam Malik stated that a wife can claim back from her husband what she spent on him, unless it was given as a gesture of goodwill.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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