Vowing not to return to his ex-wife and wishing to do it after she is divorced from another husband
Q: I married a Saudi woman who bore me two sons. We lived together for five years during which I divorced her twice. During the last days of her `Iddah (woman's prescribed waiting period after divorce), some people tried to reconcile us, but I refused. In their second attempt, I swore by Allah, the Great, other than Whom there is no deity, the Knower of the Unseen and the witnessed, that I do not take her back in marriage. Additionally, I made a vow that I should pay one million riyals if I do. All attempts to make reconciliation were in vain.
She married another man who divorced her after she bore him a son. Many people advised me to remarry her for the sake of the children. Now, I wish to remarry her, but I took an oath and made a vow never to do so.
Please tell me what to do, as I am confused. (Part No. 23; Page No. 162) May Allah reward you with the best! As-salamu `alaykum warahmatullah wabarakatuh (May Allah's Peace, Mercy, and Blessings be upon you!)
You can offer the Kaffarah (expiation) for an oath as the words you uttered are regarded as an oath. You may remarry your ex-wife with a new Mahr (mandatory gift to a bride from her groom) and a new contract. By this marriage, one pronouncement of Talaq (divorce pronounced by a husband) is left, so you should fear Allah (Exalted be He) regarding this. It should be noted that if you divorce her, irrevocable divorce will occur, whereby it will be unlawful for you to remarry her until she duly marries another, not for the purpose of Tahlil (a marriage contracted for the sole purpose of legalizing remarriage between an irrevocably divorced couple), and consummation takes place, and she is given Talaq.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.