What is the ruling on a husband retracting his oath of divorce after uttering it, and does the divorce occur if the oath is broken when the husband retracts it and then the wife breaks her oath, and what should the wife do if the divorce occurs in order to return to her husband?

The majority of scholars hold that a conditional divorce (talaq mu'allaq) takes effect when the condition is met, regardless of whether the husband intended the divorce itself or merely sought to emphasize a matter. The husband does not have the right to retract his oath.

However, Sheikh al-Islam Ibn Taymiyyah differed, stating that if the one who swore an oath did not intend to suspend the divorce but rather intended to prevent or encourage something, then the divorce does not occur upon breaking the oath; rather, an expiation for a broken oath (kaffarat yameen) becomes obligatory. Ibn Taymiyyah also held that if someone intended to suspend divorce upon a specific matter, they have the right to retract it without anything becoming obligatory.

Therefore, if the husband did not intend to suspend the divorce, he does not have the right to retract his oath, and the divorce occurs according to the majority of scholars if the condition is met. However, according to Ibn Taymiyyah, the divorce does not occur, and the husband is obligated to pay expiation. If the husband was unaware that the divorce would take effect, there is a difference of opinion among scholars regarding its occurrence, and the preponderant view is that he does not break his oath.

In the event that a divorce occurs and it is not a final divorce (i.e., less than three divorces have been issued), the husband may reconcile with his wife before her waiting period ('iddah) ends, either by word or by intercourse. Due to the differing opinions on this issue, it is recommended to present the case to a Sharia court or to trusted scholars.