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The question

Does a husband's repeated oath of divorce three times to compel his wife to go to her family's house constitute a divorce, and is she considered divorced, especially with their separation in residence and the absence of a valid marital seclusion?

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

We do not fully understand the question, but if the husband swore by divorce falsely, or concerning an action that did not occur, then the divorce has taken place according to the number he swore by. This is the prevailing opinion of the majority of scholars that we follow, and they consider swearing by divorce to be a contingent divorce that takes effect when the condition is met. Some scholars say that swearing by divorce depends on the intention: if he intended divorce, it occurs; if he intended an oath, then expiation is required. We caution the questioner against doubting her husband and emphasize that the relationship should be built on good faith, and that the court is the authority that rules on matters of divorce.

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Where this answer came from
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Ftawy
Original fatwa ID
56532
Imported
Translation status
Source text, unreviewed
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