Does a new marriage contract nullify an oath of divorce that was broken for the second time before the first, and of which the breaking was not confirmed until nine months later?
The fatwa we adhere to is that if a man makes his wife's divorce conditional upon an event, and she then becomes irrevocably divorced from him and he remarries her with a new contract, then if the condition is met, his divorce takes effect. This is in contrast to Sheikh al-Islam Ibn Taymiyyah, who holds that the divorce does not take effect upon the fulfillment of the condition after the new contract. However, if the husband intended by the condition merely to threaten or prevent, and not to effect a divorce, then no divorce occurs; rather, he is obligated to offer an expiation for breaking an oath (kaffarat yameen). For those suffering from obsessive doubts, we advise adopting the view that the divorce does not take effect.
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