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The question

What is the ruling on one who swore by divorce upon himself not to return to a sin, then returned to it? Is his wife considered forbidden to him, and what must he do to atone for this divorce?

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

The majority of scholars hold that swearing by divorce—whether the intent is to effect divorce, or to threaten, or to prevent, or to encourage, or to emphasize—results in divorce upon breaking the oath. This is the authoritative . This differs from the view of Ibn Taymiyyah, who believes that it does not result in divorce but rather incurs the expiation for an oath. The preponderant opinion is that of the majority. Therefore, if you do what you swore to abandon, divorce has occurred. If it has not completed three divorces, you may reconcile with your wife before the expiration of her ' (waiting period). We advise against swearing by divorce, as it is among the oaths of the dissolute, and using oaths to compel oneself to abandon sins is not a sound approach.

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Where this answer came from
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Ftawy
Original fatwa ID
130717
Imported
Translation status
Source text, unreviewed
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