Does a divorce take place if a husband prevents his wife from taking money from his pocket and swears an oath of triple divorce to that effect, then she starts leaving the money in his pocket and having the children take from it and buy things for her?
The majority of scholars hold that a divorce oath results in divorce upon a breach, and that uttering the triple divorce pronouncement counts as three divorces. However, Sheikh al-Islam Ibn Taymiyyah is of the opinion that a divorce oath not intended to effect divorce, but rather to threaten or emphasize, is treated like an oath by Allah, requiring an expiation for an oath (kaffarat ) and not resulting in divorce. If divorce is intended, a triple pronouncement counts as one divorce.
The adopted by us is: If you do what your husband forbade you from in that oath, your triple divorce will take effect, and you will be irrevocably separated from him (baynunah kubra).
The husband's breach depends on his intention behind what he uttered. Intention in an oath specifies the general and restricts the absolute. The husband must consult scholars directly to ascertain his intention and act upon their fatwa.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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