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The question

Does a triple divorce take effect because the husband said to his wife: "I swear by triple divorce that if you do not do that, you will not enter the house again," in the event that the wife did not do that and entered the house?

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

Anger does not prevent the occurrence of divorce as long as the person is aware of what he is saying. The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, and that a divorce pronounced three times counts as three divorces, and this is the relied-upon opinion. Shaykh al-Islam Ibn Taymiyyah is of the view that if swearing by divorce is not intended as a divorce, it is an expiation for an oath, and that a triple divorce counts as one. Accordingly, the relied-upon opinion is that the wife has been divorced thrice and has become irrevocably separated, and she cannot return to him unless she marries another man and he then divorces her or dies. It is permissible to follow Ibn Taymiyyah's opinion if they both agree. We would like to point out that swearing by divorce is among the oaths of the wicked.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
136015
Imported
Translation status
Source text, unreviewed
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