Does divorce take effect if the wife does not sell the mobile phone, which the husband swore by triple divorce that she would sell, knowing that he was very angry and on the phone from his trip, and the reason for not selling was financial loss?
If the husband utters an oath while unaware of what he is saying due to anger, then nothing is binding upon him. However, if he was aware, then the given is that his oath is binding, and if he breaks it, three divorces occur. Some scholars, like Ibn Taymiyyah, held the view that if he did not intend divorce but rather intended to threaten or prevent something, then no divorce occurs, and he must offer an expiation for an oath. If he intended divorce, only one divorce occurs. As for the fatwa given by us, it is the view of the majority. Therefore, if you do not sell the mobile phone, you will be divorced from him by three divorces, and you will be irrevocably divorced (Bainunah Kubra), not lawful for him until you marry another man and he has intercourse with you. Swearing by divorce is among the oaths of the dissolute and can lead to severe consequences.
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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