Is the conditional oath binding, and does a husband need witnesses to take back his divorced wife?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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 ) 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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 129702
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy