Does a triple divorce apply to the wife if she swore that her daughter would not go with the wife's sister and her husband, and then the daughter went with them? And what is the expiation for that if it occurs?
If someone swears by triple divorce and then breaks their oath, a triple divorce occurs, and his wife becomes irrevocably divorced from him (baynunah kubra). This is the view of most scholars. However, Sheikh al-Islam Ibn Taymiyyah holds that the ruling on swearing by divorce, when the intention is not to effect a divorce but rather to threaten or emphasize a matter, is the same as the ruling on swearing by Allah. Thus, if the oath is broken, the one who swore it must offer an expiation for an oath (kaffarat yamin), and no divorce occurs. When divorce is intended, he holds that uttering "triple divorce" counts as a single divorce. The reference in this matter is to the intention and purpose of the one swearing. If his intention was to prevent his daughter from going alone with her aunt and her husband, and another daughter went with her, then he has not broken his oath. It is advisable to present the matter to trustworthy scholars in the questioner's country.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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