Does divorce occur by breaking an oath of triple divorce with expiation, followed by repeating the phrase "you are divorced"?
The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, and that uttering "three divorces" counts as three divorces. However, Sheikh Al-Islam Ibn Taymiyyah is of the view that swearing by divorce, when not intended to make divorce contingent but rather as a threat or emphasis, is subject to the same ruling as swearing by Allah, requiring an expiation for an oath, and does not result in divorce. He also holds that uttering "three divorces" counts as one. So, if you adopt Ibn Taymiyyah's view and offer an expiation for an oath, your last divorce is revocable, and your return to your wife is valid. It is advisable to present the matter to trustworthy scholars in your country and to avoid swearing by divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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