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The question

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?

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

The majority of scholars hold that a conditional divorce occurs upon the fulfillment of the condition it was contingent upon. This is the fatwa 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 yamin).

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.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
109990
Imported
Translation status
Source text, unreviewed
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