Does a triple divorce take effect upon a husband who swore by it with the intention of تهديد (threatening), and then received the due amount from a party other than the one mentioned in the oath?
So long as you intended by your oath that the man should not take the air conditioner until he paid you your money, and someone else paid him, and he is no longer indebted to you for the money; then you have fulfilled your oath, and your divorce did not occur. This is because the consideration in an oath is the intention of the swearer, and his aim in what his words can bear.
Ibn Qudamah said: "The foundation of oaths is based on intention. So whenever one intends by his oath what it can bear, his oath is connected to what he intended, not what he merely uttered."
We caution that the prescribed oath is swearing by Allah the Almighty. As for swearing by divorce, it is among the oaths of the wicked, and it may lead to undesirable 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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