Is it permissible for me to retract my triple divorce oath, which I swore after an argument with my brother-in-law, in which I vowed not to speak to him or shake his hand, given that I am now regretful?
The majority of scholars hold that swearing by divorce results in divorce if the condition sworn upon occurs, and that uttering the word "triple divorce" (طلاق الثلاث) effects a triple divorce. However, Sheikh al-Islam Ibn Taymiyyah was of the opinion that swearing by divorce is treated like an oath: if the condition sworn upon occurs, the one who swore must pay an expiation for breaking an oath (kaffarat yameen), and divorce does not occur.
Accordingly, the we issue follows the view of the majority. Therefore, if you speak to the aforementioned man, your wife will be irrevocably divorced from you by a triple divorce (تطلق ثلاثًا وتبين منك بينونة كبرى). For this reason, we advise you to refrain from speaking to this man to preserve your family, for the harm of divorce is immense. We also caution that swearing by divorce is impermissible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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