Is the husband's oath "Upon me is an oath, I will not forgive them until they are imprisoned" considered a divorce if the condition is not met?
If the husband's intention with the phrase "by oath" was that divorce would be binding upon him if he forgave those who assaulted him before their imprisonment, then no divorce occurs unless he forgives them before their imprisonment. If he forgives them before their imprisonment, then divorce is effective according to the majority of scholars, except for Sheikh al-Islam Ibn Taymiyyah, who holds that only an expiation for breaking an oath (kaffarat yameen) is required if he did not intend divorce. However, if his intention with "by oath" was an oath by Allah Almighty, then an expiation for breaking an oath is required if he forgives those who assaulted him before their imprisonment. The husband may take back his wife if this was the first or second divorce, before the waiting period (') ends. However, if it was the third divorce, she is not permissible for him until she marries another husband.
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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