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The question

Does a divorce occur with the words: "Divorce me by three, I won't take it," knowing that I have already taken it, and I did not intend to divorce my wife? And is it considered one divorce or three? And is it permissible to adopt the view of Ibn Taymiyyah that it is a yamin ghamus (a false oath sworn deliberately to usurp another's right) for which there is no expiation, but repentance is due?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a husband swears an oath of divorce concerning a past event, and his wife confirms it, he is not considered to have broken his oath. However, if she denies it, he is considered to have broken his oath. The matter depends on his intention. If he intended not to take the whole thing and only took part of it, he does not break his oath. But if he intended not to take any part of it and he took some of it, then he breaks his oath, and his wife is irrevocably divorced (three divorces) according to the majority of scholars. It is not permissible for a layperson to choose juristic opinions based on personal whim.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
139356
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