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The question

Does a triple divorce take effect if the wife utters a single word after the husband has conditioned a triple divorce upon her speaking?

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

The preponderant opinion is that in oaths, the intention of the swearer is what matters. If you intended to absolutely prevent your wife from speaking, then you have broken your oath by her speaking, even if it was just one word. The divorce takes effect whether you intended to enact it or to threaten, and it counts as one divorce unless you intended more, because the apodosis is "you are divorced." However, if you intended to prevent her from raising her voice and she lowered her voice, then you have not broken your oath. And whoever considers the suspension of divorce without the intention of enactment, but rather for threat, holds that an expiation for an oath by Allah Almighty is obligatory if the suspended condition occurs.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
165716
Imported
Translation status
Source text, unreviewed
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