What is the ruling on one who became angry and swore by triple divorce to kill someone, but then did not do so, and does his divorce take effect?
We have previously explained the scholarly disagreement regarding someone who conditions his wife's divorce on not performing a future action. The Shafi'is differentiate between conditioning with "if" (إن) and conditioning with "when" (إذا). Since the condition here is killing a soul, the divorce of his wife should be immediately enacted upon this person who made the condition, before Satan incites him or his commanding self tempts him to do what he swore to do. It is stated in the Mudawwanah that whoever swears by divorce, manumission, walking [to Makkah], or by Allah, that he will strike so-and-so or kill him, then he must offer expiation, or the ruler should divorce his wife for him, or free his slave if the matter is brought before him through judicial process. Ad-Dardir said: "It is immediately enacted upon him, and he is not enabled to commit the forbidden act, but it is enacted upon him by the ruler or the Muslim community." Therefore, this case must be brought before a judge or his representative if it has actually occurred, so that he may rule upon it as he deems appropriate.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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