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The question

What is the ruling when a husband swore to his wife by triple divorce, contingent on their son spending the night outside the home, knowing that he was angry and did not intend divorce? Does the divorce take effect if the son spends the night outside the home? And is a triple divorce pronounced in a single session considered one divorce, as stated in the narration by Ibn Abbas?

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

The oath, "Consider yourself divorced by three," if the child spends the night outside the home, is a conditional triple divorce and an allusive statement. If there was no intention of divorce behind it, then it does not take effect. One must be cautious about using divorce to solve problems and avoid seeking out concessions or choosing arbitrarily among the sayings of the jurists based on personal desire.

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
152170
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
Read the full answer on Ftawy