What is the ruling on a husband saying to his wife: "Divorce by three, divorce by three, divorce by three, you shall not enter Kuwait, and Kuwait is forbidden to you just as my mother and sisters are forbidden to me," with the intention of silencing her?

Swearing an oath by divorce (al-ḥalf bi’l-ṭalāq) has the ruling of conditional divorce (al-ṭalāq al-muʿallaq). Divorce occurs upon the breaking of the oath (ḥinth) according to the majority of jurists, in contrast to Ibn Taymiyyah, who holds that divorce does not occur if the husband merely intended to prevent something, and he is obligated to offer an expiation for an oath (kaffārat yamīn).

As for triple divorce uttered in a single phrase, it counts as three divorces according to the majority of jurists, and as one according to some scholars. The fatwa with us is based on the opinion of the majority. Therefore, the wife becomes irrevocably divorced and is not permissible for her husband until she marries another husband, based on the verse: "And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries another husband. And if he [the other husband] divorces her, there is no blame upon them both for returning to each other if they think that they can keep [within] the limits of Allah. These are the limits of Allah, which He makes clear to a people who know."

Divorce issued during menstruation or post-childbirth bleeding (nifās) (Bid‘i divorce) is considered valid according to the preponderant opinion with us. As for the statement "Kuwait is forbidden to you" (taḥrumu ʿalayki al-Kuwait), it has no legal effect, and the husband is permitted to prevent his wife from traveling.

It is advisable to consult the court, as a judge's ruling resolves disagreements in matters of ijtihad (independent reasoning), and there is a need to ascertain the husband's intention behind some of his statements.