Does a triple divorce occur if the utterance "علي الطلاق بالثلاثة لو ما تعتدلي لأطلقك بالثلاثة" (I swear by triple divorce, if you do not straighten up, I will divorce you by triple divorce) was made, and there was no intention of divorce at the time of the oath?
The majority of scholars hold that a conditional divorce ( mu'allaq) takes effect when the condition is met.
However, concerning one who swears an oath of divorce regarding a future action, the divorce does not take effect unless it becomes impossible for him to fulfill the sworn action. His wife remains under his marital bond until the occurrence of the divorce becomes impossible due to the death of either spouse. This is the view of the majority of scholars, and it is the more preponderant opinion.
As for the view of Sheikh al-Islam Ibn Taymiyyah, expiation for an oath (kaffarat ) becomes obligatory upon breaking the oath if the intention was not to effect a divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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