Does divorce occur after swearing to it three times, to prevent the wife from taking a sum of money in the future, if the oath was intended to intimidate and was made out of anger, and expiation for the oath was performed two months later?
Most scholars are of the view that a divorce oath, if broken, results in divorce, and that uttering the word "divorce" three times results in three divorces. This is the prevailing fatwa. Ibn Taymiyyah, however, holds the view that a divorce oath not intended to effect divorce is subject to the same ruling as an oath sworn by Allah. If the oath-taker breaks it, he must pay an expiation for an oath (kaffarat yamin), and no divorce occurs. He also states that uttering the word "divorce" three times counts as a single divorce.
Therefore, if you took money from your wife, according to our prevailing fatwa, she is divorced from you by three divorces and is irrevocably separated (baynunah kubra), and you are not obligated to pay an expiation for an oath. However, according to Ibn Taymiyyah's view, if you did not intend divorce, then no divorce occurs. But if you took money from her, you must pay an expiation for an oath. Your delay in paying the expiation does not result in divorce according to Ibn Taymiyyah, but you are sinful if you delay without a valid excuse, because the expiation is immediately due.
There is no harm for a layperson to act upon the opinion of some scholars in matters of dispute, as long as he is confident in the soundness of that opinion and is not merely following his whims.
The legitimate oath is an oath sworn by Allah Almighty. Swearing by divorce is among the oaths of the dissolute, and one should be wary of it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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