Does a divorce occur when the husband says: "By triple divorce, you will not give pipes to anyone, nor will I bring pipes again," and then he says that he intended not to bring pipes except during his turn?
The majority of scholars hold that swearing by divorce effects a divorce upon breaking the oath, and that uttering "thrice divorced" effects three divorces. However, some scholars, such as Ibn Taymiyyah, are of the view that if swearing by divorce is not intended to effect divorce but rather to threaten or emphasize, then its ruling is that of an oath by Allah, requiring an expiation for an oath (kaffarat ), and no divorce occurs. If divorce is intended, then uttering "thrice divorced" counts as a single divorce. The relied-upon is that if the husband breaks his oath, a triple divorce occurs. The occurrence of breaking the oath depends on knowing the husband's intention behind his words, as intention particularizes the general and restricts the absolute. Therefore, the matter must be presented to a court or 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/135271
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 135271
- 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