Does divorce occur if the speaker's tongue slips while he is angry and tells his wife: "I divorce you threefold if you enter the apartment," and then the wife enters the apartment inadvertently?
The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, and that uttering "thrice divorced" counts as three divorces. This is the established legal opinion (fatwa). Some scholars, like Ibn Taymiyyah, are of the opinion that swearing by divorce, when not intended as an actual divorce but rather as a threat, takes the ruling of an oath by Allah, and requires an expiation for an oath (kaffarat yamin) upon breaking it. They also hold that uttering "thrice divorced" counts as a single divorce.
Accordingly, if the wife entered her mother's apartment willingly and remembering the oath, she is thrice divorced, and this constitutes an irrevocable divorce (baynunah kubra). She does not become lawful for him again unless she marries another man. However, if she entered forgetfully, her divorce does not occur. It is important to note that the permissible oath is by Allah Almighty, and swearing by divorce is considered an oath of the corrupt.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/159161
- Source platform
- Ftawy
- Original fatwa ID
- 159161
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy