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The question

Does a divorce occur if the husband says to his wife—jokingly or to try to appease her—"By the triple divorce, we are not leaving [together] until we reconcile," and then the wife leaves alone after a while?

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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 agree that swearing by divorce is treated like a conditional divorce, and the divorce takes effect when the condition it was tied to occurs. Some scholars are of the opinion that swearing by divorce depends on the intention of the one swearing; if he intended for the divorce to occur, then it occurs. But if he intended to encourage, prevent, affirm, or deny, then it is treated as an oath, and an expiation for an oath (kaffarat yamin) is required. The questioner mentioned that the husband swore by divorce three times if the wife left the house before reconciliation. Here, his intention must be considered: if he only intended to appease his wife, and she left willingly, then no divorce occurs. And if he intended the satisfaction and reconciliation of both parties, and the husband was also satisfied, then no divorce occurs. However, if the husband left in anger, then divorce occurs according to the majority of jurists. As for the view of Sheikh al-Islam Ibn Taymiyyah and those who agree with him, no divorce occurs at all unless he intended to effect it, and only an expiation for an oath is required.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
108853
Imported
Translation status
Source text, unreviewed
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