What is the ruling on a wife taking back gold bracelets after her husband swore an oath of divorce that she would not take them back, and does divorce occur in this situation?
Swearing an oath by divorce results in divorce according to the majority of scholars if the condition sworn upon occurs, and this is the ruling given in fatwas. This is contrary to the view of Ibn Taymiyyah, who holds that if the intention behind it was threat or emphasis, divorce does not occur; instead, an expiation for an oath (kaffarat yamin) becomes due.
So, if what you swore upon occurs, divorce takes place. If it was the first or second divorce, you may take back your wife as long as she is within her waiting period ('iddah). If it was the third divorce, she has become irrevocably divorced from you (baynunah kubra), and she is not lawful for you unless she marries another man out of genuine desire, he consummates the marriage with her, and then he divorces her or dies, and her waiting period from him ends. It is advised to avoid swearing by divorce.
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- Original fatwa ID
- 113707
- Imported
- Translation status
- Source text, unreviewed
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