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The question

Does the triple divorce occur due to my brother returning the money which I swore not to return, saying: "By triple divorce, it will not be returned again"?

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

If you swore by triple divorce to your brother that he must take the money, and he did, then you have not broken your oath if he returns it after several days. However, if your intention was that he should not return the money, then the triple divorce, according to the majority of scholars, has occurred, and your wife becomes unlawful to you until she marries another husband in a marriage of desire. Sheikh Al-Islam Ibn Taymiyyah is of the view that you are liable for an expiation for an oath (kaffarat yamin) if you did not intend divorce, but if you did intend it, then a single divorce occurs, and you may take your wife back before her 'iddah (waiting period) is complete, unless this divorce completes the total of three. It is obligatory to avoid swearing by divorce.

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Ftawy
Original fatwa ID
106305
Imported
Translation status
Source text, unreviewed
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