What is the ruling on one who swore by triple divorce upon his wife if she touched a phone, or searched through it, or woke him up at night, or if he ate food prepared by her, and she touched the phone, and he ate the food, and his wife woke him up, while he had forgotten the last oath?
The questioner swore an oath of divorce regarding his wife in three scenarios:
First: He swore an oath of triple divorce that his wife should not touch his phone, but she touched it unintentionally. The preponderant opinion is that the divorce does not occur.
Second: He swore an oath that he would not eat food prepared by his wife, and then he ate from it. The divorce occurs.
Third: The wife claims that the husband swore an oath of divorce when she woke him up from sleep. If the husband was not fully aware, the divorce does not occur.
One must be cautious about toying with the words of divorce, just as it is impermissible to swear by other than Allah.
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.
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