Does divorce occur with the statement: "Haram, divorce, when we return to Riyadh you are divorced," if the intention was to distract the wife and not to divorce her? And is expiation for an oath obligatory?
The majority of scholars hold that if someone swears an oath by divorce and the condition upon which he swore his oath occurs, then his wife is divorced, whether he intended the divorce to take effect or merely intended a threat. Some scholars, like Ibn Taymiyyah, are of the view that this type of oath is like swearing by Allah, necessitating an expiation for an oath (kaffarat yamin) and not leading to divorce.
The accredited legal ruling is that of the majority; consequently, the wife was divorced as soon as the couple returned to Riyadh. If this divorce does not complete the three divorces, then it is permissible to take her back before her waiting period ('iddah) expires. The return (raj'ah) has already occurred through cohabitation. There is no sin in cohabiting with her after a revocable divorce, as a revocably divorced woman is considered to be like a wife, and sexual intercourse with her is permissible.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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