What is the ruling regarding a man who swore an oath of triple divorce upon his wife that she not go to a certain place, but she went there?
The majority of jurists hold that an oath of divorce results in divorce upon breaking the oath, and that pronouncing divorce three times counts as three divorces. This is the fatwa (religious edict) we adhere to. However, Ibn Taymiyyah is of the view that an oath of divorce not intended to suspend divorce is treated like an oath sworn by Allah, thus requiring an expiation for an oath and not resulting in divorce. He also holds that pronouncing divorce three times counts as a single divorce. Accordingly, the fatwa we adhere to is that a wife whose husband swore by triple divorce that she should not go to a specific place, and she then went there, is considered irrevocably divorced from him (Talaq Bainunah Kubra). Whereas, according to Ibn Taymiyyah's view, no divorce has occurred, and an expiation for an oath is required. It is preferable to present such matters to the Sharia court or to trusted scholars.
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- 132469
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