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The question

Is the husband's statement: "It is forbidden with three divorces for you not to speak to so-and-so woman on the phone" considered a divorce, and is answering the woman's question herself in a public group without addressing her personally counted as breaking the oath?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that if a husband makes his wife's divorce contingent upon a condition, the divorce occurs when the condition is met. This is the fatwa we adhere to, and divorce pronounced with the word "triple" counts as three divorces. Some scholars, like Sheikh al-Islam Ibn Taymiyyah, are of the view that if the husband did not intend to effect a divorce by making it contingent, but rather intended to threaten, emphasize, or prevent, then no divorce occurs, and he must pay an expiation for breaking an oath. He also holds that divorce pronounced with the word "triple" counts as one.

The reference for determining the breach of an oath lies in the intention of the one who swore it regarding what he uttered. So, a man's breach of oath depends on his intention or the reason for his oath: Did he intend to prevent his wife from communicating by any means, or only from making phone calls? In case of a breach, his intention regarding the word "haram" (unlawful) should be considered. These matters should be presented to trustworthy scholars.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
141032
Imported
Translation status
Source text, unreviewed
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