What is the ruling on saying: "You are divorced by three if you do such and such" to someone who was in a state of extreme anger, and only intended to prohibit something? And what is the ruling on retracting this prohibition? And what is the ruling on this oath?
When a husband says to his wife, "You are divorced thrice if you do such-and-such," this is a conditional divorce. The , according to our view, is that a conditional divorce pronounced with the word "thrice" takes effect as three divorces upon the occurrence of the condition (breach of the oath), and the wife becomes irrevocably divorced (baynunah kubra). This is the opinion of the majority of scholars.
Shaykh al-Islam Ibn Taymiyyah holds that a conditional divorce not intended as an actual divorce but rather as a threat is subject to the ruling of an oath made by Allah; thus, if the condition is met, an expiation for an oath (kaffarat ) is required, and no divorce occurs. If, however, divorce was intended, then a single divorce occurs.
The majority of scholars maintain that the divorce pronounced by an angry person is effective unless his mind is completely overcome.
Therefore, if the man was aware and not completely overcome when uttering this oath, it is binding. If his wife does what he forbade her from doing, she is divorced thrice. However, according to Ibn Taymiyyah's view, the man can permit his wife to do the act, and he would then be liable for an expiation for an oath, and no divorce would occur.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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