What is the ruling on retracting a conditional oath of divorce that was made contingent upon a condition that has not occurred?
The issued is that the condition upon which the wife's divorce was made contingent cannot be retracted. Thus, if the questioner's wife speaks to his brother's wife, her divorce occurs, regardless of whether the intent behind the contingency was divorce, emphasis, or prohibition. If the divorce occurs and is not yet the third divorce, the questioner may take his wife back during her (waiting period).
Some scholars, such as Ibn Taymiyyah, hold the view that if the questioner intended for the divorce to occur when his wife speaks to his brother's wife, he may retract the condition and permit her to speak, and the divorce will not occur. However, if he did not intend divorce but rather intended threat, emphasis, or prohibition, then divorce does not occur, but he must pay an expiation for breaking an oath.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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