Does a divorce take place when a husband, in a moment of anger, says to his wife: "I divorce you by three," along with threatening to call her mother, without carrying out the threat?
Anger that does not completely remove one's intellect does not prevent the occurrence of divorce. Swearing by divorce leads to divorce upon breaking the oath, and a triple divorce counts as three divorces. This is the view of the majority of scholars and is the we follow.
Some scholars are of the opinion that swearing by divorce with the intention of threat and not actual divorce does not lead to divorce, and an expiation for a broken oath (kaffarat ) becomes obligatory upon breaking the oath. Also, when intending divorce with the pronouncement of "three," only one divorce occurs.
If the husband swears by a triple divorce and breaks his oath, the preponderant view is that three divorces occur. However, ruling on his breaking the oath depends on knowing his intention. He might have intended by his oath to inform her mother immediately, or at a later time.
We advise consulting scholars in your country, as the ruling on this issue involves details depending on the husband's intention and there is a difference of opinion among scholars. The husband should avoid swearing by divorce; the legislated oath is swearing by Allah the Almighty.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/194776
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 194776
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy