What is the ruling on one who swore an oath by divorce and then broke it for the first time? Does divorce occur in this case, and if it does, what should he do to get his wife back?
Scholars have differed regarding the consequences for one who swears an oath by divorcing his wife and then breaks that oath. They hold two opinions on this matter:
1. That the divorce which was sworn by becomes binding. This is the opinion of the majority of scholars. 2. That only an expiation for a broken oath (kaffarat yameen) is required. This is the opinion of Sheikh al-Islam Ibn Taymiyyah.
The opinion of the majority is the strongest and most cautious. Accordingly, if the wife did what the husband swore she would not do, then the divorce becomes binding. The husband may take her back before the expiry of her ' (waiting period) without a new contract or witnesses, provided it is the first or second divorce. The reconciliation can be done through word or action, accompanied by the intention.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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