Does a triple divorce occur if the wife sends her daughter to her family's house without her husband's knowledge, given that he swore to divorce her three times if his family saw his daughter or if she went to their house, but she did not know of the oath until after she had done it? And does the wife return to her husband's conjugal bond after engaging in marital relations following the oath of divorce?
The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, and that uttering "triple divorce" (talaq al-thalath) counts as three divorces. This is the established ruling. However, some scholars (like Ibn Taymiyyah) believe that if swearing by divorce is not intended to be a conditional divorce but rather a threat, its ruling is similar to swearing by Allah: upon breaking the oath, an expiation for an oath (kaffarat yamin) is due, and no divorce occurs. If divorce is intended, uttering "triple divorce" counts as a single divorce.
If the husband breaks his oath (based on the established ruling), a triple divorce occurs, and the wife becomes irrevocably divorced (baynunah kubra). The consideration for the husband breaking his oath is his intention and purpose behind the oath; for intention specifies the general and restricts the absolute. So, if he intended to absolutely prevent his wife from entering her parents' house without his permission, then he has broken his oath. But if he only intended to prevent her from going to them while angry, then he does not break his oath if she enters when not angry.
The husband must consult scholars directly to ascertain the ruling on his specific situation and should avoid swearing by divorce, as it is among the oaths of the dissolute and can lead to grave consequences.
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