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The question

Is the wife Haram (forbidden) in triple Talaq (divorce) for the man who said to his mother, "My wife is Haram for me in triple Talaq if I ever give him [meaning his brother] any money," then he gave the money to his nephew, who delivered it to his father, having forgotten what he had previously said?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The prohibition of a wife (tahreem) follows the intention of its speaker. In this case, the husband's intention was to divorce her by triple for not giving money to his brother. However, he does not break his oath by lending money to his nephew, because the nephew is not the brother, and each has an independent financial responsibility. The oath is based on the intention of the one who swears it. If the husband swore by divorce while he was not in his right mind due to extreme anger, his oath is not binding and there is nothing upon him, as accountability is lifted in such a state. And if he lent money to his brother, forgetting his oath, he does not break it according to some scholars.

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Ftawy
Original fatwa ID
101700
Imported
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Source text, unreviewed
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