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The question

Does a divorce count, knowing that it is the third divorce in the same manner, if the husband said to his wife: "If you go out with me, then you are divorced," and she went out, and he intended to threaten her, not to effect a divorce?

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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 jurists and the four schools of thought are of the view that a conditional divorce takes effect if the condition is met, regardless of whether the intent was divorce or threat. This is the preponderant opinion. Consequently, the wife becomes irrevocably divorced (major [i.e., triple] separation) if this was the third divorce.

However, some scholars, such as Ibn Taymiyyah, held that a conditional divorce does not take effect if the intent was merely a threat, and it is considered an oath that necessitates an expiation for an oath (feeding ten poor persons or clothing them, or fasting three days).

The husband must fear Allah and not be lax in using divorce as a means of discipline.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
176466
Imported
Translation status
Source text, unreviewed
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