Is a triple divorce effected if the wife utters an offensive word without intending divorce, after her husband swore an oath of triple divorce upon her if she wrongs him or his family?
If the husband has sworn an oath that stipulates the suspension of divorce upon his wife uttering any word containing insult or abuse towards him or his family, then he is bound to pronounce a triple divorce if the wife insults or abuses, according to his oath. Thus, she becomes irrevocably divorced from him, and she is not lawful for him unless she marries another husband in a marriage of desire, and he consummates the marriage with her, then divorces her or dies, and her (waiting period) from him expires. This is the view of the majority of scholars and the one that is given in fatwas. It should be noted that the permissible oath is to swear by Allah the Almighty, while swearing by divorce is among the oaths of the dissolute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 160454
- 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.
- Read the full ruling
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