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The question

Is the conditional oath binding, and does a husband need witnesses to take back his divorced wife?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The conditional oath of divorce takes effect upon the fulfillment of the condition, according to the majority of scholars, even if the husband did not intend divorce. However, Ibn Taymiyyah and those who agreed with him held that an expiation for an oath (kaffarat yamin) is required if the husband did not intend divorce but rather intended to threaten or prevent, and the preponderant opinion is that of the majority. If the divorce is revocable, the husband may take his wife back before the end of her waiting period without witnesses, according to most scholars.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
129702
Imported
Translation status
Source text, unreviewed
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