What is the expiation for an oath of divorce made with the intention of calming the wife, without the intention of fulfilling what was sworn upon?
Swearing by divorce, according to the majority of jurists, results in divorce as soon as the condition upon which it was made occurs. So, if you swear not to do something and then do it, the divorce takes place. Some scholars hold that swearing by divorce depends on the intention of the swearer; if he intended divorce, it occurs. But if he intended urging, preventing, affirming, or refuting, then he must offer expiation for breaking an oath: feeding ten poor persons, or clothing them, or freeing a slave, or fasting three days if he cannot afford the former. The preponderant opinion is that of the majority, that divorce occurs, and the husband can take back his wife unless this was the third divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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