Back to search
The question

Does a triple divorce occur if the utterance "علي الطلاق بالثلاثة لو ما تعتدلي لأطلقك بالثلاثة" (I swear by triple divorce, if you do not straighten up, I will divorce you by triple divorce) was made, and there was no intention of divorce at the time of the oath?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that a conditional divorce (talaq mu'allaq) takes effect when the condition is met.

However, concerning one who swears an oath of divorce regarding a future action, the divorce does not take effect unless it becomes impossible for him to fulfill the sworn action. His wife remains under his marital bond until the occurrence of the divorce becomes impossible due to the death of either spouse. This is the view of the majority of scholars, and it is the more preponderant opinion.

As for the view of Sheikh al-Islam Ibn Taymiyyah, expiation for an oath (kaffarat yamin) becomes obligatory upon breaking the oath if the intention was not to effect a divorce.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
126047
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy