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The question

Does divorce occur if one swears not to take back his wife, then takes her back after a period, and is sending her with his brother considered a circumvention of the oath?

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

The fatwa we adopt is that if someone swears an oath of divorce to refrain from something, and then does it, his divorce takes place. However, if the purpose of going to the wife's family home is to bring her back, then the husband breaks his oath and the divorce takes place, even if he resorts to trickery to invalidate the oath. But if he goes for another purpose, he does not break his oath. If the wife returns without him going, then no divorce takes place, and the oath is dissolved. According to Sheikh Al-Islam Ibn Taymiyyah, divorce does not take place, but an expiation for breaking an oath becomes obligatory.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
149944
Imported
Translation status
Source text, unreviewed
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