Does a second divorce take effect if the husband informs his wife that a divorce has occurred based on his previous oath, knowing that the waiting period (iddah) will commence from the date of his breaking that oath?
Scholars have differed regarding the ruling on swearing an oath by divorce and making it conditional. The majority of them hold that divorce occurs upon breaking the oath, and this is the acted upon. However, Sheikh Al-Islam Ibn Taymiyyah is of the view that swearing an oath by divorce with the intention of emphasis, prohibition, or urging does not bring about divorce; rather, the one who swore the oath is liable for an expiation for a broken oath (kaffarat yameen). Accordingly, the fatwa acted upon is that the wife's divorce occurs upon breaking the oath. Informing the wife of the divorce does not bring about another divorce; rather, it is an announcement of a previous divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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