Does a divorce take effect if the husband says: "You are divorced by three if you don't go to your family," and the wife does not go to her family initially but goes after a period, and what should the wife do if the husband refuses to give her the divorce paper?
The husband's oath of triple divorce if his wife does not go to her family has two scenarios:
1. If the husband did not specify a particular time for the wife to go, divorce does not occur as long as she goes to them, even if after a period of time, and the wife remains under his marital bond.
2. If the husband specified a time for her to go (such as a day or a month), and the time passed without her going, then triple divorce occurs according to the majority of scholars, and the wife becomes unlawful for him until she marries another man in a valid marriage, not a tahlil (analytical) marriage. Sheikh al-Islam Ibn Taymiyyah and those who agreed with him hold that the husband is liable for an expiation for an oath (kaffarat ) if he did not intend divorce, and a single divorce if he did intend it.
The wife must ask her husband about his intention; if he informs her of something that necessitates the occurrence of divorce, then it is effective, and the document is merely a form of documentation and not a condition for the occurrence of divorce.
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