Does a divorce occur if the same action happens unintentionally after the husband said: "By triple divorce, if you do that again, you are divorced"? And is this an oath or a conditional divorce?
The general rule is that anger does not prevent a divorce from occurring unless it reaches a state where the person does not comprehend what they are saying.
The husband's oath combines: an oath of divorce and its suspension on doing something, or an oath of divorce and a promise of it, depending on the husband's intention: If the husband's intention was suspension, and the wife deliberately performed the act sworn upon, then one divorce occurs. However, if his intention by saying "you remain divorced" was a promise of divorce, then if he divorces her after the act sworn upon, he has fulfilled his oath. If he does not divorce her, divorce occurs three times, according to the majority of scholars. Ibn Taymiyyah and those who agreed with him held that an oath of divorce does not result in divorce upon breaching it, but only necessitates an expiation for an oath, unless the intention of the swearer was to cause divorce upon the occurrence of the sworn-upon act.
As for performing the sworn-upon act unintentionally (such as doing it forgetfully or absentmindedly), if the husband's intention was that it be done deliberately, then it is not considered a breach if done unintentionally. If he had no specific intention, the more preponderant view is that divorce does not occur in this situation. This is the apparent view of the Shafi'i , a narration from Ahmad, and the choice of Ibn Taymiyyah, Ibn al-Qayyim, and others.
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