Can a husband retract suspended oaths (ayman mu'allaqah) made with the intention of divorce? Do these oaths become void if the husband relinquishes his marital authority (ismah) to his wife? What is the ruling on suspended oaths that are not specified by a time period?
Conditional divorce, if intended as a divorce, occurs according to the majority of scholars when the condition is met. Sheikh al-Islam Ibn Taymiyyah holds that the husband can retract his oath if he intended the divorce to occur, and not merely to swear an oath. There is no expiation (kaffarah) for the husband in this type of divorce if he did not merely intend to swear an oath. It is not permissible for the husband to relinquish his right to divorce ( عصمة ) to his wife as a means of escaping conditional oaths. The husband’s delegation or authorization of his wife to divorce herself is permissible according to the majority of scholars, and it has no effect on conditional oaths made by the husband. Khul’ (divorce at the wife’s insistence, usually with compensation) as a stratagem to escape conditional divorce is not effective according to most scholars.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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