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The question

Does divorce by three (talaq al-thalatha) occur for a man if he says to his wife: "I swear by triple divorce (alayya al-talaq bi al-thalatha) that I will not return to this house until the Day of Judgment," with the intention of anger, and can he return?

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

Divorce takes effect for the one who swears an oath by it when he breaks that oath, whether the husband intended divorce or merely a threat, according to the majority of jurists. A triple divorce counts as three, and this is the preferred view of the . However, Ibn Taymiyyah held that divorce does not take effect if the intention was merely a threat, and that a triple divorce counts as one. Anger does not prevent the divorce from taking effect if the person is aware of what he is saying. It is advisable to consult a court or ask a trusted scholar.

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Ftawy
Original fatwa ID
186706
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