What is the ruling on someone who swore an oath of triple divorce, saying, "By triple divorce, I will not work with you, and I will travel to my country, and I will leave this job," while in a state of anger? Does this constitute a divorce, or an oath that necessitates expiation?
The fatwa we adopt is that if the husband does not leave his work with his uncle and travel to his country, his wife will be divorced three times, and she will be irrevocably divorced (baynunah kubra). This is the opinion of most scholars. However, Sheikh Al-Islam Ibn Taymiyyah believes that an oath of divorce not intended to effect divorce but rather to threaten or emphasize, is treated like an oath by Allah. If the one who swore breaks his oath, he must pay an expiation for an oath (kaffarat yameen), and no divorce occurs. If he intended divorce, then a divorce uttered three times counts as one divorce. Based on Ibn Taymiyyah's opinion, if the man did not intend divorce, he can remain at his work without a divorce occurring, but he must pay an expiation for an oath. It is advised that the legitimate oath is to swear by Allah the Almighty, whereas swearing by divorce is among the oaths of the dissolute.
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