The Ruling on Swearing Divorce with Three Divorces and Not Carrying It Out

The following message was received from the brothers Sayyid Nasr Ahmad Sa'id and Khalid Ahmad 'Allam, from the Arab Republic of Egypt, residing in Jordan—Amman. The message contains two topics. The first question states: What is your opinion regarding a man who swears a single divorce oath with three divorces upon another Muslim brother to do something, but the thing was not carried out? Is the oath considered effective in itself regarding his wife? And what is the ruling in Islam if the oath is not carried out in itself? Please inform us; may Allah reward you.
Answer: If a person swears with three divorces that so-and-so will do such-and-such, for example, saying: "I swear with three divorces that you will speak to so-and-so," or "I swear with three divorces that you will prepare such-and-such a wedding feast," or "I swear with three divorces, for example, that you will marry such-and-such a woman," then his intention must be examined. If his intention is to bind and emphasize, and his intention is not to effect the divorce, then its ruling is the ruling of an oath, and he must pay the expiation for an oath: 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, his intention being to effect the divorce, then one divorce takes place according to the correct opinion, and he may take back his wife if he had not divorced her twice before this. Yes.