Does divorce occur if the husband swears by divorce that he did not achieve consummation from intercourse, knowing that intercourse did not occur but he deliberately prolonged the matter to ask for its termination and not embarrass himself?
Swearing by divorce () results in divorce according to the majority of scholars if the sworn-upon event occurs, and this is the we adhere to. However, Ibn Taymiyyah holds that it is an oath for which expiation of an oath (kaffarat ) is due, and divorce does not occur if the intention was not to make the divorce conditional, but rather to threaten or emphasize.
The reference point for the occurrence of breaking the oath (hint) reverts to you; if you were truthful, then there is no breaking of the oath. But if you were untruthful and knew it, then you must repent. According to the majority opinion, the wife is divorced. If it was the first or second divorce, reconciliation is possible as long as she is within her waiting period ('). If it was the third divorce, then she is irrevocably divorced from you (baynunah kubra).
According to Ibn Taymiyyah's view, no divorce occurs, and no expiation of an oath is required for a false oath; rather, only repentance for the falsehood is necessary.
It is advisable to avoid swearing by divorce. Divorce occurs simply by the husband's utterance of it, willingly and rationally.
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