What is the ruling on the husband repeating the phrase of divorce three times in the form of "You are thrice divorced if you hear a word from me after this that displeases you," and what is the ruling on his statement: "By divorce, you are forbidden to me if you do not come to apologize, kiss my head, and swear on the Quran that your heart is pure," given that the wife did not swear on the Quran because her heart is not pure?
The majority of scholars hold that a conditional divorce takes effect if the condition is met, regardless of whether the husband intended divorce or merely a threat. They also hold that uttering "divorce" three times constitutes a triple divorce. This is contrary to the view of Sheikh Al-Islam Ibn Taymiyyah, who believes that a conditional divorce does not take effect if it was intended as a threat, a means of prevention, or an encouragement, and that it can be expiated with an oath. He also holds that uttering "divorce" three times counts as a single divorce. Therefore, according to the prevalent opinion we follow, you have been divorced by your husband, and a major irrevocable divorce has occurred, meaning he cannot remarry you. Since there is a difference of opinion among scholars on this issue, it should be presented to a Sharia court or to trustworthy scholars. We advise the husband to avoid using the word "divorce" in oaths or threats. The lawful oath is by Allah Almighty, whereas swearing by divorce is among the oaths of the dissolute. Some scholars have deemed it forbidden, while others consider it disliked.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/131198