When does an oath of divorce take effect if the husband frequently swears by divorce, intending to prove the credibility of his words or to show anger, and is the wife considered divorced in this case?
Swearing by divorce takes effect immediately if it is a lie. If it is conditional upon doing or not doing something, it takes effect upon breaking the oath, according to the majority of scholars. The husband's intention of threatening or emphasizing does not negate its effect. This is contrary to Shaykh al-Islam Ibn Taymiyyah, who holds that an oath of divorce does not necessitate divorce unless the husband intended to effect it; otherwise, he must offer expiation for an oath (kaffarat ) upon breaking it. This latter opinion is acted upon in many Islamic courts. Some scholars believe that a husband's frequent swearing by divorce gives the wife the right to seek divorce.
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