If a wife swears by triple divorce to tell the truth, then lies, is she divorced throughout the subsequent period, with the husband remaining unaware of the matter?

Most scholars believe that swearing by divorce and making it conditional on an event leads to the divorce occurring upon breach of the condition, and that uttering "triple divorce" results in a triple divorce. However, Sheikh Al-Islam Ibn Taymiyyah holds that the ruling on swearing by divorce, when the intention is not to effect divorce but merely to threaten, is the same as swearing by Allah. Thus, if one breaches the oath, an expiation for an oath becomes due, and no divorce occurs. And when one intends divorce by uttering "triple divorce," only one divorce occurs.

Based on the prevalent fatwa, lying and causing the husband to breach his oath results in a triple divorce, leading to a major irrevocable divorce (al-baynunah al-kubra). The husband cannot remarry his divorced wife unless she marries another man, consummates the marriage with him, he then separates from her, and her waiting period (iddah) expires.

However, according to Sheikh Al-Islam Ibn Taymiyyah, if the husband did not intend to effect divorce by his oath, he may expiate his oath by feeding ten needy people, and no divorce occurs.

Remaining with the husband after knowing that a triple divorce has occurred is a grave sin and a major transgression that necessitates repentance. The husband must be informed of the truth so that he can present the matter to scholars or a Sharia court and act upon their fatwa.

The husband must avoid swearing by divorce, for the lawful oath is by Allah Almighty, and swearing by divorce is among the oaths of the dissolute and has severe consequences.