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The question

Is the marriage still valid after the husband repeatedly swore to divorce in the past, and two official divorces on paper occurred?

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

It is not permissible to swear by other than Allah Almighty, whether it be by divorce or otherwise. So, whoever swears, let him swear by Allah or remain silent. The majority of scholars hold that swearing by divorce entails its occurrence upon breaking the oath. However, Ibn Taymiyyah is of the view that divorce does not occur if the intention was merely to urge or prevent, and an expiation for an oath (kaffarat ) becomes obligatory. As for when three divorces occur due to breaking the oath or what was added to it from a written divorce, the woman becomes unlawful for the husband until she marries another husband a marriage of desire, not of tahlil (making her lawful for the first husband). If the divorce does not reach three, she remains his wife if reconciliation occurs within the waiting period (). It is advisable to refer to the courts in such matters.

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Where this answer came from
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Ftawy
Original fatwa ID
66850
Imported
Translation status
Source text, unreviewed
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