Does a divorce occur if a husband tells his wife, "By divorce, I am not going," and then he goes afterward?
The majority of scholars hold that a divorce oath results in a divorce if the oath is broken. However, Sheikh Al-Islam Ibn Taymiyyah is of the view that its ruling is similar to an oath by Allah, if divorce was not intended by it, and it necessitates an expiation for an oath (kaffarat ). Accordingly, divorce occurs when the oath is broken, and if it does not complete three divorces, you may take back your wife before her ' (waiting period) expires. As for the view of Sheikh Al-Islam Ibn Taymiyyah, if the oath was intended as a threat and you did not intend to effect a divorce, then no divorce occurs, and an expiation for an oath (kaffarat yamin) is incumbent upon you.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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