Back to search

Is it permissible to mend a divorce after five months, given that the husband has returned home at night after having sworn not to return unless the wife took her child to his family's home, and given that the family considers the divorce to have already occurred?

1 min readAlso available in العربية

If the husband swears an oath of divorce that he will not return home on a specific night unless his wife takes the child to his family, and she does not do so, then he returns, the divorce occurs according to the majority of scholars, and this is the most preponderant opinion.

If the husband takes back his wife before she gives birth, the revocation of divorce (raj'ah) is valid, provided that this divorce does not complete the three divorces.

However, if she gives birth before the revocation, her waiting period (iddah) has ended, and she has become irrevocably divorced with a minor irrevocability (baynunah sughra). To renew the marital life, a new marriage contract is required.

But if the oath was sworn by one of the names of Allah or one of His attributes, then only an expiation for a broken oath (kaffarat yamin) is required of him.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy