Can a husband take his wife back after divorcing her for the first time, given that he had previously sworn to divorce her as a threat, and paid expiation for an oath twice when she did not respond to his threat?
Swearing an oath by divorce (al-halif bil-talaq) takes effect, according to the majority of scholars, if the condition it was contingent upon is met, regardless of the oath-taker's intention. This is the prevailing fatwa (religious edict). However, Ibn Taymiyyah holds that if the intention was to encourage or prevent something, it is not considered a divorce but rather an expiable oath (yamin mukaffirah). Thus, according to the view of the majority, the wife becomes irrevocably divorced (baynunah kubra) with the last pronouncement of divorce. According to Ibn Taymiyyah's view, she can be taken back (reviewed). Cases of divorce should be brought before a Sharia court or discussed directly with knowledgeable scholars.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/139405
- Source platform
- Ftawy
- Original fatwa ID
- 139405
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy