Is the wife considered lawful to her husband after she writes a conditional Khul' document dependent on his fulfilling an oath, and then he fulfills the oath and the wife enters and completes her menstrual cycle, or is a new marriage contract required between them?
The question contains ambiguity. If the intention is that the husband swore to give the wife a sum of money to solve a problem, then there are two cases:
1. If the husband did not specify a time for fulfilling the oath (whether by divorce or by Allah), then there is no breaking of the oath for delaying payment. 2. If the husband specified a certain time for fulfilling the oath and that time elapsed before the action, then the oath is broken. If the oath was by Allah, then he must offer expiation for breaking an oath (kaffarat ). If it was by divorce, then it is effective according to the majority of scholars. However, Ibn Taymiyyah holds that expiation for breaking an oath is required if he did not intend divorce.
As for the wife's writing that includes divorcing her husband (khul'), it has no validity, as divorce is in the hands of the husband.
Therefore, the husband's intention must be asked. If no divorce was binding on him, or if a reconciliation occurred before the end of the waiting period ('), then the wife is legitimate and does not need a new contract. However, if divorce occurred and he did not reconcile with her before the expiration of the 'iddah, then she is not lawful for him except with a new contract. And if this was the third divorce, then she is not lawful for him until she marries another man.
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