Does a triple divorce, sworn to by the husband, take effect if the condition upon which he made his oath is not met?
The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, and that uttering "thrice divorced" effectuates three divorces. Some scholars, like Ibn Taymiyyah, are of the view that swearing by divorce, when divorce is not intended, is treated like an oath sworn by Allah, requiring an expiation for an oath and not resulting in divorce. They also hold that uttering "thrice divorced" effectuates a single divorce. The relied-upon opinion (al-muftā bihi) is that a triple divorce occurs if the husband breaks his oath. Swearing by divorce is impermissible; what is prescribed is swearing by Allah Almighty.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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