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The question

Does the husband's divorce take effect if he said to his wife: "If you go to the bank, I will divorce you by three," and the wife did indeed go to the bank and close her account, knowing that the husband intended only to frighten her, and he has stated this, taking into account that he previously said to her: "You are divorced"?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a man says to his wife: "If you go to the bank and close the account, you are divorced with three talaqs," and she goes, then three talaqs have occurred according to the majority of scholars (contingent divorce). Ibn Taymiyyah and some other scholars differed, holding that it is an oath requiring expiation if his intention was to threaten, but if his intention was divorce, then one talaq occurs. As for the husband's statement "I will divorce you," it could be a contingent divorce or a promise of divorce, and his intention is determinative in this regard. And his statement "You are divorced" from years ago counts as one talaq.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
42914
Imported
Translation status
Source text, unreviewed
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