this country, and I had previously sworn a similar oath and then consulted one of the scholars, who nullified it for me. In these circumstances, is my wife considered divorced? If the divorce has indeed taken effect, what are my obligations toward the two children who are with her?
Answer: If you swore an oath of divorce against your wife with the purpose of preventing her from doing a particular act—such as taking some belongings—and you intended that the divorce be suspended on her doing that act, resolving that should it occur the divorce would take effect, then this is a binding divorce.
However, if what you meant was only to stop her and you did not actually intend a divorce, but merely wished to keep her from that act, then this takes the ruling of an oath. Because your wife went ahead and did what you had forbidden, you must offer the expiation for breaking an oath. The expiation is to free a slave, or to feed ten needy people—each needy person receiving half a saʿ (about 1.5 kg) of staple food—or to clothe them, one garment for each. If you cannot manage any of these three—neither freeing, nor feeding, nor clothing—then you must fast for three days. This will serve as the expiation for having sworn by divorce, according to the soundest of the two scholarly opinions. Allah knows best.
Question: A dispute arose between me and my wife’s sister, and as a result I swore an oath, saying to my wife, “Divorce is incumbent upon me, and you are forbidden to me like my mother and my sister, if you speak to your sister for as long as I live.” I later travelled abroad and have since learned that the two of them have reconciled. Please note that I had sworn a similar oath previously and paid the expiation for it. What is the ruling in this case?