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The question

Does a triple divorce occur if a man swears to his wife that she must do something, and if she does not, then his wife is triply divorced, and then the wife does that thing?

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

The majority of scholars hold that divorce occurs upon breaking an oath sworn by divorce, whether the intention was divorce, threat, or anything else. They also maintain that uttering divorce three times counts as three divorces. This is the established ruling. This differs from Sheikh Al-Islam Ibn Taymiyyah, who holds that an oath of divorce not intended to effect divorce is treated like an oath by Allah, requiring expiation (kaffarah) upon breaking it, and divorce does not occur. He also believes that uttering divorce three times counts as a single divorce. Therefore, if one swears by triple divorce to abstain from something, and then does it, triple divorce occurs, and the wife becomes irrevocably divorced (baynunah kubra). It must be known that a permissible oath is by Allah Almighty. As for swearing by divorce, it is among the oaths of the wicked. Some scholars have deemed it forbidden, while others consider it disliked. Furthermore, using oaths to compel oneself to abstain from certain matters is an unsound approach.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
131917
Imported
Translation status
Source text, unreviewed
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