Is a triple divorce irrevocably enacted upon the wife if she went to her mother's house without informing her husband, knowing that he swore upon her by a triple divorce not to do so, and that she deliberately went with the purpose of seeking divorce?
Most scholars hold that an oath of divorce takes effect upon breaking it, and that a triple divorce pronounced at once counts as three. However, Shaykh al-Islam Ibn Taymiyyah is of the view that an oath of divorce not intended to effect divorce is treated like an oath by Allah, requiring an expiation for an oath (kaffarat ) if broken, and that the divorce does not take place. He also holds that a triple divorce pronounced at once counts as a single divorce. If the wife intends to effect divorce by performing the act sworn upon, some meticulous scholars hold that divorce does not take place for her, treating her with the opposite of her intention. The husband is advised to present his case to trustworthy scholars in his country.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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