Does divorce take place if the husband, in his anger, says: "I divorce my wife by three if I do such-and-such tomorrow," and then fails to do it, claiming he did not intend the oath and was angry, and is expiation required of him?
If the husband utters the phrase "Upon me be divorce" without intending the wording, then no divorce is incumbent upon him.
If he intended to utter the divorce and intended it as a threat or an affirmation, not to effect a divorce, then the majority of scholars hold that his wife is irrevocably divorced with a major, irrevocable divorce. However, Shaykh al-Islam Ibn Taymiyyah views its ruling as that of one who swears by Allah; if he breaks his oath, he must pay an expiation for an oath and no divorce is incumbent upon him.
The relied-upon opinion is that of the majority, and accordingly, the wife is considered to have been thrice divorced with a major, irrevocable divorce as long as the husband broke his oath. His anger is not taken into consideration as long as he comprehends what he is saying.
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