Does a wife's divorce occur if the father allows his son to return home, after he swore by triple divorce upon his wife should the son return, this being due to extreme anger in which he did not intend the oath of divorce?
Anger does not prevent a divorce from occurring unless it incapacitates the person and overwhelms their mind. The majority of scholars hold that an oath of divorce leads to divorce upon breaking the oath, and that a triple divorce (by uttering the word three times) counts as three divorces. This is the we follow. However, Sheikh al-Islam Ibn Taymiyyah holds that an oath of divorce not intended as an actual divorce is an oath that requires an expiation for an oath (kaffarat ) upon breaking it, and does not result in divorce. He also holds that a triple divorce counts as a single divorce if divorce was intended. Accordingly, the fatwa we follow is that three divorces occur upon breaking the oath. Whereas, according to Ibn Taymiyyah, an expiation for an oath is required and no divorce occurs; and if divorce was intended, then a single divorce occurs. It is recommended to present the matter to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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