What is the ruling on divorce occurring in the following cases: swearing to divorce three times with the intention of threatening, not divorcing; uttering it without the wife hearing it; and swearing to divorce, conditioned on an action, with the intention of threatening in a moment of anger?
Suspending a divorce on a condition takes effect if the husband intends divorce. However, if he intends a threat, there is a difference of opinion. The majority of scholars hold that it takes effect, while some scholars consider it an oath requiring expiation.
As for suspending divorce on drinking milk, and the wife's idleness until she changes, this depends on the husband's intention. If he intended drinking milk in its known form, the divorce takes effect. If he intended drinking milk in any form, it does not take effect.
Oaths are based on the intentions of those who swear them, even if they contradict the literal meaning of their words. The husband uttering the word "divorce" makes it effective, even if the wife is unaware. If the divorces reach three, the wife becomes irrevocably divorced, and the court must be consulted.
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.
- Read the full ruling
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