Is the wife considered to be irrevocably divorced, or revocably divorced, after her husband said to her: "You are divorced, you are divorced, you are divorced" twice, and he swore an oath that if she traveled to a certain country, she would be thrice divorced, and she did travel, and the husband tried to divorce her in court three times?
If a husband repeats the word of divorce three times and does not intend to emphasize it, then his intention negates the will of emphasis, meaning that he intended each utterance as an independent divorce. The jurisprudential ruling is that a triple divorce occurs according to the majority of jurists, and thus the wife becomes irrevocably divorced (Bainunah Kubra).
As for swearing by divorce, it is a contingent divorce. If the condition upon which the oath was made is met, the divorce occurs according to the majority of jurists, and this is what we rule. Ibn Taymiyyah held the view that if the husband intended a threat and not divorce, he is liable for an expiation for breaking an oath (kaffarat yamin).
The mere act of the husband going to court to initiate divorce proceedings does not result in anything unless he utters the words of divorce or writes them with the intention of effecting it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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