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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who swears an oath of divorce three times

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Question: What is your opinion regarding a man who swore a single oath of divorce, using the phrase "three times," upon a Muslim brother to make him do such-and-such? He did not do it. Is the oath considered effective in itself regarding his wife, and what is the ruling in Islam if that oath is not carried out? Please inform us; may Allah reward you.

Answer: If a person swears an oath of triple divorce that so-and-so will do such-and-such, or will not do it, or says, "I swear by triple divorce that I will host a feast for so-and-so," or "I will not speak to so-and-so," or the like, then there is a detailed ruling in this matter:
If the intention is to bind and emphasize, and his intention is not to effect the divorce, then its ruling is the ruling of an oath. It requires an expiation for an oath, which is: feeding ten poor people, or clothing them, or freeing a slave. If he is unable to do so, he fasts for three days.
However, if his intention is to effect the divorce if this thing is not carried out, then one divorce takes effect on his wife, even if he used the phrase "three times"—according to the correct view. He may take her back as long as she is in the waiting period. If the waiting period ends before he takes her back, she is not lawful to him again except through a new marriage, with its valid conditions. This is because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates that pronouncing triple divorce in one word is considered one divorce. Muslim narrated it from the hadith of Ibn Abbas (may Allah be pleased with them both).
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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