What is the ruling on one who swore by triple divorce not to take his wife back, then his brother wanted to go with him to bring her back?
The fatwa we adhere to is that an oath sworn by divorce results in divorce upon breaking the oath, and a triple divorce pronounced in a single utterance counts as three divorces. This is the view of the majority of scholars.
As for the view of Sheikh al-Islam Ibn Taymiyyah, if the one swearing the oath did not intend to make the divorce contingent but rather intended a threat or emphasis, then he must pay an expiation for breaking an oath and no divorce occurs. Furthermore, a triple divorce pronounced in a single utterance counts as one divorce.
Accordingly, if the act of going to retrieve the wife has already occurred, then the wife has been divorced three times and has become irrevocably separated (baynunah kubra), based on the fatwa we adhere to. However, according to Ibn Taymiyyah's view, if the intention was not to make the divorce contingent, then no divorce occurs and an expiation for breaking an oath is required. If the intention was to make the divorce contingent, then one divorce occurs, and she can be taken back before the 'iddah (waiting period) expires, provided there was no prior divorce.
The lawful oath is by Allah Almighty, and swearing by divorce is among the oaths of the dissolute and can lead to grave consequences.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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