What is the ruling regarding someone who swore by triple divorce – while in a state of extreme anger and not intending divorce, but rather intimidation – that he would either drive his wife to the university or pay for her transportation fare, and is expiation (kaffarah) obligatory upon him if he is compelled to drive her?
The majority of scholars hold that swearing an oath by divorce results in divorce if the oath is broken, and that uttering the triple divorce pronouncement counts as three divorces. This is the established ruling [].
Conversely, Sheikh al-Islam Ibn Taymiyyah is of the view that if swearing an oath by divorce was not intended as a divorce but rather as a threat or an affirmation, then its ruling is similar to swearing an oath by Allah, and it necessitates an expiation for an oath (kaffarat ) if the oath is broken. He also holds that uttering the triple divorce pronouncement counts as a single divorce.
Accordingly, if you transported your wife or paid her transportation costs, the triple divorce takes effect, and your wife becomes irrevocably divorced from you (baynunah kubra), according to the view of the majority. However, according to Ibn Taymiyyah's view, the divorce does not take effect, and you are obligated to offer an expiation for an oath (feeding ten poor persons or clothing them, or fasting three days).
It must be noted that the lawful oath is to swear by Allah Almighty, and swearing by divorce is among the oaths of the dissolute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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