Does a divorce occur when the husband says: "If you ever speak about this topic again, then you are divorced by three," especially if he habitually swears by triple divorce on anything, and he has previously divorced his wife once? And does divorce occur through verbal declaration or through writing on WhatsApp?
Excessive swearing by divorce is not a characteristic of the obedient and the faithful, but rather of the dissolute and the disobedient. Swearing by divorce takes effect if the sworn-upon condition is met; it is considered a contingent divorce according to the majority of jurists. Sheikh al-Islam Ibn Taymiyyah, however, holds that it necessitates an expiation for an oath (kaffarat ). A triple divorce, according to the majority, effects three divorces. The way to avoid the occurrence of divorce in this situation is for the wife to refrain from doing what the husband swore by. Marriage is stabilized when each spouse fulfills their respective rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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