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The question

Is it permissible to retract an oath of divorce made with the intention of threat, and what is its expiation?

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

The majority of scholars hold that divorce occurs when one breaks an oath sworn by divorce, and this is the fatwa we follow. If the three divorces are not yet complete, the husband may take back his wife before her waiting period (iddah) ends.

However, Sheikh Al-Islam Ibn Taymiyyah is of the view that an oath of divorce not intended to effect divorce is equivalent to an oath sworn by Allah. Thus, if the oath is broken, the one who swore it must pay an expiation for an oath, and the divorce does not occur.

It should be noted that swearing by divorce is not permissible; the permissible oath is to swear by Allah the Almighty.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
139178
Imported
Translation status
Source text, unreviewed
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