What is the ruling on someone who swore an oath — doubting between ["upon me be what is unlawful" (عليَّ الحرام) and "upon me be divorce" (عليَّ الطلاق)] — that he would not submit papers, and he has not done so for four years? And does the oath expire upon divorcing his wife and then taking her back, or does it remain in effect?
If a person swears an oath by divorce or by making something unlawful concerning an matter, and then does not fulfill it, nothing is incumbent upon him. His divorce or making something unlawful remains suspended on that sworn-upon matter, and it takes effect upon its occurrence. If it occurs once, the suspension is dissolved, unless the wording implies repetition. Divorcing the wife and then taking her back does not dissolve the suspension, according to the majority of scholars. As for making the wife unlawful, the preponderant opinion is that it depends on the husband's intention, whether it be ẓihār, divorce, or an oath. Scholars have differed regarding the occurrence of suspended divorce if the husband did not intend divorce, but rather intended prevention and threat. It is advisable to consult the Islamic court concerning matters of divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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