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The question

Does a husband's divorce of his wife by oath take effect if he attends his daughter's wedding, and is expiation obligatory for him, and how can he correct the error?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Warning: If you marry without your father's consent and fear temptation, you will bear sin; it is more appropriate to obey him, but the marriage is valid. You must appease your father, and we advise him to avoid swearing by divorce and excessive oaths.

Regarding conditional divorce: If none of your family members attend the celebration, the divorce does not occur. However, if one of them attends in the manner your father intended, then the divorce is effective according to the majority of scholars, and this is the preponderant opinion. He may reconcile with her before her waiting period ends, provided this is not the third divorce.

Shaykh al-Islam Ibn Taymiyyah held that an expiation for an oath is required if he did not intend divorce. The majority of scholars believe that an oath of divorce is binding and cannot be retracted, while Shaykh al-Islam Ibn Taymiyyah holds that it can be retracted if divorce was intended, not just the oath.

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Ftawy
Original fatwa ID
115595
Imported
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