What is the ruling regarding a man who swore by triple divorce to his wife that she should not turn on the light, and then she turned it on forgetfully, knowing that the wife suffers from a magic of separation and constantly asks for divorce?
The majority of scholars hold that swearing by divorce results in divorce if the sworn-upon condition occurs, and that uttering "triple divorce" effectuates three divorces. This is the practice we adhere to. However, Sheikh al-Islam Ibn Taymiyyah is of the view that swearing by divorce, when the intention is not to effectuate divorce but rather to threaten or emphasize, is akin to swearing by Allah. In such cases, if the sworn-upon condition occurs, an expiation for an oath becomes due, and no divorce takes place. He also holds that uttering "triple divorce" counts as a single divorce.
The difference between intending divorce and threatening is as follows: if the husband intends to effectuate divorce upon the occurrence of the condition, then he intends divorce. However, if he does not desire divorce even if the condition occurs, then he is merely swearing without intending divorce.
The phrase "Divorce be upon me by three if you speak to Zayd, you are divorced" is called "suspension of suspension," and it results in a single divorce upon the occurrence of the suspended condition, not three.
The reference for determining the suspended condition is the intention of the swearer. If he intended to prevent her from turning on the lamp for a specific duration or in a specific manner, the oath is restricted by that intention.
If the wife performs the sworn-upon act out of forgetfulness, scholars differ regarding the occurrence of divorce, with some preferring the view that it does not occur.
Since this issue involves scholarly disagreement and requires detailed clarification, it should be presented to a Sharia court or a trustworthy scholar.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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