What is the ruling of Islamic law concerning a husband who swore by triple divorce not to speak to a specific woman, then spoke to her, after he had previously sworn by divorce twice and revoked his oath each time?
The majority of jurists hold that swearing by divorce results in the occurrence of divorce upon breaking the oath, and that uttering the triple divorce pronouncement counts as three divorces. This is the established ruling []. Sheikh al-Islam Ibn Taymiyyah, however, opines that swearing by divorce when the intention is not to effect divorce but rather to threaten or emphasize, is akin to swearing by Allah, thus necessitating an expiation for an oath (kaffarat ) and not resulting in divorce. When divorce is intended, he holds that uttering the triple divorce pronouncement counts as a single divorce.
Accordingly, the wife is irrevocably divorced with three pronouncements (baynunah kubra) according to the majority view, and he cannot remarry her unless she marries another man who then divorces her or dies, and her waiting period () ends. According to Ibn Taymiyyah's view, if the husband did not intend divorce, then no divorce occurred, and he must pay an expiation for an oath. The fatwa advises presenting the matter to trusted scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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