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The question

Will my wife be divorced if I take her back after I asked her to bring the gold from her father's house, and she refused, so I told her: "By triple divorce, you will not stay in this house if you don't bring the gold," and I expelled her, with her father insisting on his position? And what should I do?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, and that uttering "divorce three times" counts as three divorces. This is the established legal opinion (mufta bihi). However, Sheikh al-Islam Ibn Taymiyyah is of the view that swearing by divorce, when the intention is not to make the divorce contingent but rather to threaten or emphasize, takes the ruling of an oath by Allah, thus requiring an expiation for an oath (kaffarat ) and not resulting in divorce. When divorce is intended, he holds that uttering "divorce three times" counts as a single divorce.

Based on the established legal opinion (mufta bihi), if you broke your oath, your wife would be divorced three times, and this would constitute an irreversible divorce (baynunah kubra). Your breaking the oath depends on your intention. If you intended that you would not bring her back home except with gold, then bringing her back before that would be considered breaking the oath and would result in a triple divorce.

It is advisable to present this issue to trustworthy scholars and to avoid swearing by divorce.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
142560
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy