Does divorce take effect with the oath, "Upon me be divorce thrice if you hang up on me, you will no longer be my wife," knowing that the wife is menstruating?
The majority of jurists hold that swearing by divorce results in a divorce upon the breach of the oath, and that uttering the triple divorce pronounces three divorces. This is the adopted ruling. This differs from the view of Sheikh al-Islam Ibn Taymiyyah, who believes that an oath of divorce not intended to effect divorce obliges an expiation for an oath (kaffarat yamin) and does not result in divorce, and that uttering the triple divorce pronounces a single divorce. As for the formula of a conditional divorce, a triple divorce does not occur unless two conditions are met: the wife's disobedience and the husband's failure to carry out the threat. Given the need to understand the intention behind the statement "you will not remain married to me," it is advisable to consult scholars directly or refer to a fatwa issuing body. It should be noted that the ruling on divorce during menstruation is a matter of disagreement: the majority hold that it occurs, and this is the adopted ruling, while others maintain that it does not occur. Both spouses are also advised to preserve the marriage contract and avoid problems that lead to divorce.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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