What is the ruling on the oath of divorce in the statement: "By triple divorce upon my wife, if you return and harass or speak to this girl, then I will sell the shop, and you will be thrown into the street"? And is it obligatory for me to sell the shop after the brother harassed the girl again?
The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, and that uttering "divorce" three times constitutes three divorces. Sheikh Al-Islam Ibn Taymiyyah, however, is of the view that swearing by divorce, when not intended to make divorce contingent but rather for threat or emphasis, falls under the ruling of an oath by Allah. In this case, an expiation for an oath is due, and no divorce occurs. Furthermore, he believes that uttering "divorce" three times counts as one divorce. The issued by us is that if you do not do what you swore to do, then the triple divorce occurs, and your wife becomes irrevocably divorced from you (Baynunah Kubra). According to the opinion of Sheikh Al-Islam Ibn Taymiyyah, if you swore with the intention of threat and did not intend to cause divorce, then you may offer expiation for an oath. We advise presenting the matter to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/141657
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 141657
- 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