Does a triple divorce take effect if the wife leaves the house after the husband says, "You are triply divorced if you leave the house," knowing that the husband's intention was to frighten her?
The (religious edict) we adhere to is that a divorce suspended on a condition occurs upon the fulfillment of that condition, whether the intention was to effect the divorce or merely to threaten. Also, a divorce pronounced with the word "three" counts as three divorces. This is the view of the majority of scholars. Some scholars, such as Ibn Taymiyyah, are of the opinion that a suspended divorce intended as a threat does not occur, and an expiation for breaking an oath (kaffarat ) is required. They also hold that a divorce pronounced with the word "three" counts as a single divorce. What is considered in breaking an oath is the intention and purpose of the swearer. If his intention was to prevent his wife from leaving at any time, then he has broken his oath by her leaving. If his intention was to prevent her from leaving at a specific time or without his permission, and she left contrary to that, then he has not broken his oath. It is advisable to consult trustworthy scholars in your country to resolve the matter.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/194783
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 194783
- 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