Does a divorce take effect if a husband says to his wife: "If you go to my car and touch anything in it, then you are thrice divorced," and then she goes and touches it? And is expiation incumbent upon him if the divorce does not take effect, because he swore by divorce while angry?
The majority of scholars hold that swearing an oath by divorce causes the divorce to occur when the condition sworn upon is met, and that uttering "divorce" three times results in a triple divorce. This is the prevailing opinion (al-mufta bihi). This differs from the view of Sheikh al-Islam Ibn Taymiyyah, who held that the ruling on swearing an oath by divorce, when the intention is not to effect a divorce, is the same as swearing an oath by Allah, and thus requires an expiation for an oath (kaffarat ) and does not result in divorce. He also held that uttering "divorce" three times results in a single divorce. Based on the majority opinion, if you violated what your husband swore an oath upon, then you have been divorced three times and are irrevocably separated from him (baynunah kubra). He cannot return to you unless you marry another man, consummate the marriage with him, and then he divorces you or dies, and your waiting period () from him expires. The questioner is advised to present these matters to trusted scholars and is cautioned not to violate the husband's oath if possible. The wife is advised to encourage her husband to refrain from swearing by divorce, as it is considered an oath of the corrupt. Some scholars have even gone so far as to say that frequent swearing by divorce on the part of the husband permits the wife to request a divorce. It is also advised to strive to reform the husband and cooperate with him in obedience to Allah, and to weigh the harm of divorce against the harm of remaining with him.
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