Did the divorce occur in the three aforementioned instances: the first due to an argument with the mother-in-law where the husband said, "Your daughter is divorced"; the second when attempting to convince the wife's brother to stay overnight by saying, "I swear by the divorce of his sister that he stays with us tonight"; and the third when the wife refused to go with him to an event, whereupon he said to her, "You are divorced"?
The fatwa accepted by us is that if a husband swears an oath of divorce and then breaks his oath, the divorce takes place, whether he intended to effect it or merely to threaten. This is the view of the majority of scholars. Some, like Ibn Taymiyyah, held that he is obligated to offer an expiation for an oath (kaffarat yamin) if he did not intend the divorce. Divorce by explicit wording is effective according to the general consensus of scholars, whether the husband intended divorce or not. Therefore, the fatwa accepted by us is that three divorces have occurred, resulting in an irrevocable divorce (baynunah kubra). However, according to the view of Shaykh al-Islam Ibn Taymiyyah, only two divorces have occurred. We advise you to present your case to trustworthy scholars.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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