Has a divorce occurred in any of the following cases: the husband saying, "By divorce, I am not leaving the room" and he left; or "You are divorced if I smoke" and he smoked; or "By divorce, you have apprehended so-and-so" along with only grasping a bit of his garment; or "By divorce, from your back, you will not see the mobile phone" and she saw it; knowing that the wife is Hanafi and the husband is Hanbali?
Divorce by way of an oath is considered valid by the Four Imams. However, according to Ibn Taymiyyah, the one who takes the oath must offer an expiation for breaking an oath.
The adopted by us is that three divorces have occurred, and you are now irrevocably divorced from him (baynunah kubra). He cannot take you back unless you marry another man—a marriage of desire, not of tahlil (prearranged divorce for the purpose of remarrying the first husband)—and he then divorces you after consummating the marriage, or dies, and your waiting period () expires.
According to Ibn Taymiyyah’s view, if the husband did not intend divorce but rather intended a threat or similar, then divorce does not occur. However, he is obligated to offer an expiation for each oath he broke.
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