What is the ruling on saying: "Divorced by triple talaq, if you ever again tell me to bring sweets for our daughter, you will see what happens," due to the wife's insistence on putting sweets in their daughter's school bag, which has affected the daughter's appetite for healthy food?
The majority of scholars are of the view that swearing by divorce effects divorce when the condition sworn upon occurs, and that a triple divorce pronouncement counts as three divorces. As for Ibn Taymiyyah, he holds that swearing by divorce, when the intention is not to effect divorce but rather to threaten or emphasize, is subject to the same ruling as an oath by Allah, requiring an expiation for a broken oath (kaffarat yameen) and not resulting in divorce. He also holds that a triple divorce pronouncement counts as a single divorce. Based on this, if you do not carry out your threat to your wife by saying, "You will see what happens," she would be divorced from you by three divorces. It is advisable to present the matter to a court or to reliable scholars, and it should be noted that swearing by divorce is impermissible.
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