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The question

Does divorce take place if I go to my family's house, or if my husband takes my brother with him to work, knowing that my husband swore by divorce (i.e., pronounced the words of divorce as an oath) that I would not do that, then he regretted it, and he had no intention of divorce?

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

Swearing by divorce falls under the ruling of conditional divorce. According to the majority of jurists, divorce occurs upon the fulfillment of the condition sworn upon, whether the husband intended to effect a divorce or not. However, Sheikh al-Islam Ibn Taymiyyah and his student Ibn al-Qayyim held the view that divorce does not occur, and the one who swore by it must pay an expiation for breaking an oath.

If the word "divorce" is repeated in the same situation, such as saying: "You are divorced, you are divorced, you are divorced," the majority of jurists believe that a triple divorce occurs if the utterance was three times or more, unless the husband intended to emphasize the first divorce, in which case a single divorce occurs. As for Ibn Taymiyyah and Ibn al-Qayyim, they hold that only a single divorce occurs in non-conditional cases, and in conditional cases, no divorce occurs at all unless he truly intended divorce, in which case a single divorce occurs upon the fulfillment of the condition. The fatwa adopted by us is the view of the majority.

It should be noted that anger does not prevent divorce from occurring unless it reaches a degree where the person does not comprehend what he is saying. Swearing by divorce is among the blameworthy innovations and is considered an oath of the wicked. One should be cautious of anything that stirs up problems between spouses and strive for understanding.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
129190
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Source text, unreviewed
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