Does a triple divorce take effect if the husband swore to his wife by divorce that she should eat, and she did not come to eat at the moment of the oath, knowing that she intended to eat and ate two hours later?
The majority of scholars hold that swearing an oath by divorce results in divorce upon breaking the oath, and that uttering the word "triple divorce" effectuates three divorces. As for Ibn Taymiyyah, he is of the view that if swearing an oath by divorce is not intended as a divorce but rather as a threat or an affirmation, its ruling is similar to swearing an oath by Allah, requiring an expiation for the oath (kaffarat yameen) and not resulting in divorce. He also holds that uttering the word "triple divorce" effectuates a single divorce.
Therefore, if you intended by your oath to compel your wife to eat with you at a specific time, and she broke it by refusing, then she has become irrevocably divorced from you (baynunah kubra). She is not permissible for you unless she marries another man and he consummates the marriage with her, then divorces her or dies, and her waiting period (iddah) expires. It is advisable to present this matter verbally to trustworthy scholars in your country.
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