Answer: That depends on the kind of divorce involved. If it was a revocable divorce and he has intercourse with her while she is still in her ʿiddah (waiting period), there is no objection; such intercourse counts as taking her back.

Question: Suppose he was away, had sworn that she must not do a certain thing, then travelled. She did that thing in his absence, her waiting period ended, and he never found out she had done it—can he still take her back?

Answer: He may not. Once the ʿiddah is over she is completely separated from him and becomes unlawful for him.

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Question: While angry I swore a triple divorce upon my wife, saying that she would be forbidden to me like my mother or my sister if she went to her father’s house for the whole time I was away. To date she has not gone. May I now, while I am home, allow her to visit him? I fear that otherwise I would be cutting ties of kinship. What would follow if I let her go?

Answer: If your intent in uttering the divorce formula was merely to stop her from going and not to suspend an actual divorce on her going, then the statement takes the ruling of an oath. You must therefore pay the kaffārat yamīn (expiation for breaking an oath); once you do so, the oath is dissolved and she may visit her relatives. That applies if your intention was only to prevent her from going.

Question: Do we look at the intention he had when he swore?

Answer: Yes. If at the time of swearing his purpose was simply to stop her and not to divorce her, then the ruling is as mentioned. But if he truly intended for her to be divorced should she go, then the divorce takes effect, because he did not mean to forbid her but to suspend divorce on her going. When the condition occurs, the ruling conditioned on it comes into force: once the condition is fulfilled, the consequence is realised.