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Does a triple divorce occur if one swears to do something by triple divorce, then forgets to do it and does not carry it out, regardless of whether the marriage contract is documented or not, knowing that the marriage will take place soon?

1 min readAlso available in العربية

The majority of scholars hold that if a man swears by triple divorce to do something within a specific time, and that time passes without him doing it, his wife is divorced with a triple divorce. Some scholars are of the opinion that if he intended to make the divorce contingent on not doing the action, she is divorced; but if he only intended an oath without divorce, then he must offer expiation for an oath, and his wife is not divorced. This applies if the oath was made after the marriage contract. As for before the contract, his wife is not divorced, according to the more preponderant view. The one who swears must know that swearing by other than Allah is not permissible.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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