Back to search
The question

Does uttering "I divorce you by three not to walk with you nor see anything belonging to you, and I have nothing to do with you" then walking with him or seeing something belonging to him constitute a triple divorce, given that you did not intend divorce?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Swearing by divorce is not permissible (غير مشروع). The occurrence of a conditional divorce (الطلاق المعلق بالشرط) is a matter of scholarly disagreement. The majority of scholars hold that it takes effect upon the fulfillment of the condition, and this is the view of the four Imams. However, Sheikh al-Islam Ibn Taymiyyah held that it does not take effect if the intention was not to cause divorce but rather to prevent something, and in this case, expiation (كفارة) is due. The preponderant view (الراجح) is that of the majority, so if the condition upon which the oath was made occurs, the divorce takes effect. The preponderant view is also that a single utterance (بلفظ واحد) counts as three divorces according to the majority of scholars, while Ibn Taymiyyah and those who followed him consider it a single divorce. It is advised to consult a court or knowledgeable scholars.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
91649
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