Does divorce occur in the following cases: The husband writing to his wife, "You are divorced," with the intention of threatening her; then his saying to her, "You will be divorced by three [talaqs] if you raise your voice at me again," and she subsequently raised her voice; and his saying to her, "You are divorced," in a moment of extreme anger?
Summary:
Written divorce via mobile messages: There is a difference of opinion regarding its ruling. If it is considered an allusion (kinayah), it does not take effect if the husband intended a threat. However, if it is considered an explicit declaration (sareeh), it takes effect, and reconciliation is valid through cohabitation during the ' (waiting period).
Swearing by divorce: The majority of scholars hold that divorce occurs upon breaking the oath, and that pronouncing " by three" (triple divorce) counts as three divorces. However, some scholars (like Ibn Taymiyyah) believe that if swearing by divorce is for threatening without intending to cause divorce, then an expiation for breaking an oath (kaffarat yameen) is required upon breaking it, and divorce does not occur. They also hold that pronouncing "talaq by three" counts as one divorce.
If the wife does the sworn-against act forgetfully: Scholars differed on whether the oath is broken, and the preponderant view is that it is not broken. Doubt about performing the sworn-against act does not lead to breaking the oath.
Explicit verbal divorce: It takes effect even if the husband intended a threat, and the husband's anger does not prevent its enforcement as long as his mind is sound.
It is advisable to present such matters verbally to trusted scholars.
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