What is the ruling on swearing by divorce with the intention of swearing by Allah to end a marital dispute, and does divorce occur by saying: "By triple divorce, I did not do that," without intending divorce?
The majority of scholars hold that swearing an oath by divorce causes divorce to occur if the condition sworn upon comes to pass, and that uttering the triple divorce pronouncement counts as three divorces. As for Ibn Taymiyyah, he is of the view that if swearing an oath by divorce is not intended to make divorce conditional, but rather for threatening or emphasizing, then its ruling is that of swearing an oath by Allah: it necessitates an expiation for an oath (kaffarat ) and does not result in divorce. He also holds that uttering the triple divorce pronouncement counts as a single divorce. Therefore, if you swore falsely, your wife has been irrevocably divorced from you with three pronouncements, according to the prevalent opinion. It is advised to avoid swearing oaths by divorce.
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