Does a triple divorce occur if a wife swears by triple divorce upon herself that she would be late in preparing lunch after 9 AM, and then she wakes up a quarter of an hour later with the intention of threatening?
The majority of scholars, including the four Imams, are of the view that an oath sworn by divorce leads to divorce upon breaking the oath, and that pronouncing "talaq" three times counts as three divorces. This is the fatwa. Some scholars, like Sheikh Al-Islam Ibn Taymiyyah, hold the view that if swearing by divorce is not intended to effect divorce but rather for threat or emphasis, its ruling is similar to swearing by Allah, and it necessitates an expiation for an oath (kaffarat yamin) upon breaking it, without divorce taking place. If divorce is intended, he (Ibn Taymiyyah) believes that pronouncing "talaq" three times counts as a single divorce. Therefore, the fatwa according to us is that the wife has been divorced three times and has become irrevocably separated (baynunah kubra), whereas, according to Sheikh Al-Islam Ibn Taymiyyah's view, no divorce has occurred, and an expiation for an oath is due. The permissible oath is by Allah Almighty, while swearing by divorce is among the oaths of the dissolute.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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