Does a triple divorce occur if a husband swears by it in a state of extreme anger, without intending divorce, and then the wife takes the SIM card from the phone and uses it or opens the phone? And is an expiation for breaking an oath obligatory?
Divorce does not occur in a state of extreme anger that impairs perception and overwhelms the mind. However, if the husband is aware of what he is saying, and did not intend to effect a divorce but rather to threaten, the majority of scholars hold that if he breaks his oath, his divorce occurs threefold, and this is the prevailing with us. Some scholars, like Ibn Taymiyyah, are of the opinion that divorce does not occur, but he is liable for an expiation for breaking an oath. The reference for breaking the oath is the husband's intention; so, if he intended to prevent his wife from making contact and she answered the phone or used the SIM card in another phone, he has broken his oath. Swearing by divorce is not permissible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 139328
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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