What is the ruling of Islamic law concerning the triple divorce oath I swore to my wife so that she would tell me what was wrong with her, and she did not respond?
Scholars differed regarding swearing by divorce. The majority held that it takes effect upon the fulfillment of the condition it was made dependent upon. Ibn Taymiyyah, however, chose the view that it does not take effect if the intention was to prevent or deter, and in such a case, an expiation () is due. The preponderant view is that of the majority.
If the husband intended for the wife to be informed immediately and she did not do so, then three divorces take effect. However, if he did not intend immediacy, but rather intended for her to be informed in any way, then divorce does not take effect unless she insists on refusing. The time of breaching the oath would then be upon the death of either of them, as it would no longer be possible to fulfill the condition.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/97304
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 97304
- 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