Does an oath of triple divorce take effect if a man says to his wife in a state of anger: "I swear by triple divorce that we are not getting along," and is expiation required of him?
The wife must be mindful of the husband's rights and his guardianship over her, because marital disputes can lead to grave consequences. The majority of scholars have agreed that if a man swears to divorce his wife over an issue and then breaks that oath, the divorce occurs, whether it is one, two, or three revocable divorces. Sheikh al-Islam Ibn Taymiyyah held the view that triple divorce pronounced in a single sitting counts as one revocable divorce, and if it is suspended, only one revocable divorce occurs if divorce was intended. As for the husband's statement, "We are not getting along," if he had a specific intention, the wording is directed according to it, because the basis of an oath is the intention of the swearer. As for anger, it has no effect, unless it reaches a point where the person does not comprehend what he is saying.
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