Does divorce take effect if the husband returns the maid after he had sworn by triple divorce that she would not stay, and then claimed that he intended the oath and not the divorce, and he is prepared to offer expiation?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the husband intended by his oath to expel the maid only for that night, and he fulfilled his oath by her departure, then he does not break his oath by her return, and no divorce occurs, and no expiation is binding on him.
However, if he intended to deprive the wife of the maid absolutely, then if she returns, he breaks his oath. The adopted by us is the occurrence of the threefold divorce. Some scholars, however, are of the view that no divorce occurs, and an expiation for an oath becomes binding on him.
Frequent swearing is blameworthy, especially by divorce. The legislated oath is swearing by Allah Almighty.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 163321
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy