Did the divorce occur once or twice, based on the husband's oath to divorce three times if she prevented him from the bed, and the prevention occurring twice after the oath, knowing that he intended divorce with his threat? And if the prevention occurs again, is it considered a divorce or an oath that requires expiation?
If a husband conditions a triple divorce on his wife's refusal of intimacy, the prevalent with us is that the triple divorce takes effect and the possibility of reconciliation (raj'ah) is void, unless the wife marries another man willingly, and then he divorces her. This is the view of the majority of scholars. Sheikh Al-Islam Ibn Taymiyyah holds that an oath of divorce not intended to effect divorce is treated like an oath by Allah, requiring an expiation for breaking an oath (kaffarat ) if broken. If divorce is intended, then a triple divorce counts as a single divorce. The breaking of the oath is not repeated with repeated refusal unless the husband's wording indicates repetition, such as "every time." The husband's intention is considered regarding what he conditioned the divorce upon; if he intended to condition it on refusal without a valid excuse, then it is only broken in such a case. The husband is advised to consult reputable scholars and act upon their fatwa, and to avoid swearing by divorce, as it is among the oaths of transgressors.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 194971
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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