Does the "Irrevocable Divorce by Three Declarations" (Al-Baynunah Al-Kubra) occur in the mentioned cases, knowing that the wife is still in her home and fears she might be living in a state of sin?
The majority of scholars hold that a divorce oath results in divorce if violated, and uttering "divorce" three times constitutes three divorces. Some scholars, like Ibn Taymiyyah, are of the view that a divorce oath not intended to effect divorce but rather for threat or emphasis, is treated like an oath by Allah, requiring an expiation for an oath (kaffarat yamin) if violated, without divorce occurring. They also hold that uttering "divorce" three times counts as a single divorce.
The preponderant view is that intention is given consideration in oaths. So, if the swearer intended something the wording could bear, their oath is directed to that intention.
Accordingly, if the husband intended to temporarily prevent his wife from going to her family's house, or to prevent her from speaking at that moment, then his oath has been fulfilled and no divorce has occurred. However, in the case of explicitly uttering divorce and repeating it twice, it is an effective divorce that does not depend on intention. Scholars differ on accepting the husband's claim that he intended to make the divorce conditional in this specific instance.
Therefore, the ruling on whether divorce has occurred depends on knowing the husband's intention and the specifics of what he uttered. The matter should be presented to a Shariah court or trustworthy scholars.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/172991
- Source platform
- Ftawy
- Original fatwa ID
- 172991
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy