Is a husband's taking back his wife valid in their case, despite his not recognizing the divorce that occurred due to his oath concerning her?
We have previously explained that the ruling on swearing by divorce is the same as the ruling on conditional divorce, and that what is most preferred by us is that divorce occurs upon breaking the oath. There is also an opinion by Ibn Taymiyyah that divorce does not occur, and that an expiation for an oath is required.
If a scholar issues a to him based on what Ibn Taymiyyah chose, then there is no blame on him for adopting it, and his wife remains under his marital bond, due to Al-Qurtubi’s statement: "It is incumbent upon the layperson to seek out the most knowledgeable person in his time and land, and ask him about his specific case, then act upon his fatwa."
We advise him to be wary of quarrels and disputes, and to solve problems away from divorce.
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