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The question

Is the wife considered divorced if her husband said to her: "If you insult me again, you will be divorced," and he swore to that three times, and then she insulted him?

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

If the husband intended the divorce to occur upon his wife reviling him, then one revocable divorce (talaq raj'i) takes effect the moment she reviles him. If this divorce is not the third and final one, he may take his wife back before the expiry of her 'iddah (waiting period). However, if the husband did not intend for divorce to occur, but rather intended to threaten, then the fatwa (legal opinion) adopted by us is that divorce does occur. Nevertheless, some scholars, such as Ibn Taymiyyah, hold the view that an expiation for a broken oath (kaffarat yameen) is due, and divorce does not occur, unless the husband intended to promise divorce upon her reviling him, in which case no divorce occurs then. It is preferable to present such matters to trustworthy scholars.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
153770
Imported
Translation status
Source text, unreviewed
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