Does a triple divorce uttered by a husband in a state of extreme anger, who claims he did not intend divorce, take effect, and is expiation (kaffarah) required for reconciliation?
If the husband, by his oath of triple divorce, intended that the wife should not return to him if she came down (from a specific place or situation), and then she did come down and returned, then the ruling is that the triple divorce has occurred. However, if he intended something else, then his intention must be ascertained. And if the oath was intended as a threat and a prohibition, not as a divorce, then some scholars, like Ibn Taymiyyah, do not deem the divorce to occur, but rather an expiation for an oath (kaffarat yameen) is required. Ibn Taymiyyah also holds that swearing by triple divorce with the intention of divorcing results in only a single divorce. The husband's statement "You are divorced" is an explicit statement that causes divorce, unless the husband was in a state of extreme anger that made him lose awareness. Since this issue involves details and differences of opinion, it is advisable to present it to a trustworthy scholar in the questioner's country.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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