Does divorce occur with the statement, "By triple divorce, you will not spend the night in this house, and you must go to your family's house," if the intention of divorce was not present?
The majority of scholars hold that if swearing an oath by divorce is intended to effect divorce, or to threaten, prevent, encourage, or emphasize, then divorce occurs upon breaking the oath. They also hold that divorce pronounced three times takes effect as three divorces. This is the fatwa (ruling) that is adopted. Ibn Taymiyyah, however, holds that swearing an oath by divorce, when divorce is not intended but rather a threat or emphasis, is treated like an oath by Allah, incurring an expiation for an oath (kaffarat yameen) and not effecting divorce. The reference point for an oath is the intention of the swearer. If there is no intention, then the reference point is the reason for the oath. Therefore, if you intended by your oath that your wife spend the night with her family, or if the reason necessitated it, and your wife did not spend the night in her family's house, then three major irrevocable divorces have occurred according to the adopted ruling. According to Ibn Taymiyyah's view, you would be required to pay an expiation for an oath. However, if you intended by your wife's departure from the house that she not spend the night there, and she did not spend the night there but rather spent it in your father's house, then you have not broken your oath, no divorce has occurred, and no expiation is required of you. It is advised that the lawful oath is swearing by Allah Almighty, and swearing by divorce is among the oaths of the dissolute, and grave consequences may result from it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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