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The question

Is divorce incumbent upon one who has sworn an oath by divorce more than three consecutive times not to do something until after a month, then did it before the month, with the intention of only the oath and not the divorce of the wife, and does not remember when the act occurred?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a man swears with an explicit divorce pronouncement, such as saying: "Divorce be upon me," or "You are divorced," or "You are divorced" if he does such and such, then divorce occurs upon breaching the oath, and no intention is needed.

As for his intention: - If he intended to initiate divorce with the first phrase only and made what followed an affirmation of it, then one divorce takes effect. - If he intended to initiate divorce with all the pronouncements, his wife becomes forbidden to him by the first three pronouncements only, and she is not permissible for him until she marries another husband willingly and he divorces her after consummation. This is the view of the majority of scholars, which is acted upon. - Sheikh al-Islam Ibn Taymiyyah said: An expiation for an oath is required if he did not intend divorce, but if he did intend it, then one divorce takes effect.

However, if he did not utter an explicit divorce but rather an allusive divorce, and he does not recall having the intention of divorce, then nothing is binding upon him.

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Ftawy
Original fatwa ID
102253
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Source text, unreviewed
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