Does a triple divorce take effect if the husband intended an oath, not a divorce, by saying to his wife: "Triple divorce if I ever take a penny from your salary my whole life," and what are the consequences for restoring the marital life?
Scholars have differed concerning the statement "divorce" (طلاق) without attribution:
Some consider it a kinayah (allusion), meaning it does not take effect without intention.
Others hold that it is like an attributed statement, because what is implied is like what is explicit. The majority view is that a conditional divorce takes effect upon the fulfillment of the condition.
If you conditioned divorce on not taking anything from your wife's salary for life, then the solution is not to take anything. If you do take something, the divorce takes effect as a triple divorce if the statement was explicit or if you intended divorce, and your wife becomes unlawful to you until she marries someone else.
Shaykh al-Islam and those who agreed with him said that an expiation for an oath (kaffarat ) is sufficient if you did not intend divorce.
As a precaution, avoid taking anything from your wife's salary. If you wish otherwise, consult trustworthy scholars in your country.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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