What is the ruling regarding a husband divorcing his wife with a triple pronouncement by saying: "I swear by triple divorce that I will not travel this year," and then he travels; and his saying: "My wife is trebly divorced if I enter my family's house while this person is present," and then he reconciles with the person and enters his family's house after paying an expiation for an oath?
The majority of scholars hold that a conditional divorce occurs upon the fulfillment of the condition it was contingent upon. This is the that is acted upon. So, if the husband swears by triple divorce that he will not do something, and then he does it, the triple divorce occurs, and his wife becomes irrevocably divorced from him (baynunah kubra).
However, Sheikh al-Islam Ibn Taymiyyah is of the view that divorce does not occur if the one swearing does not intend to effect a divorce, but rather to deter, prevent, or encourage. In this case, he must offer expiation for breaking an oath (kaffarat ).
If the husband had a specific intention when swearing his oath, then his intention is what matters. If he had no specific intention, then what is considered is the plain meaning of the oath and its cause.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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