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The question

What is the ruling on a husband taking back his wife who was divorced conditionally upon committing a forbidden act? Is it obligatory to inform her of the resumption of the marriage? Is a divorce considered to occur each time the forbidden act is repeated? And does the ruling differ if the act is repeated before or after the resumption of the marriage?

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

The ruling depends on your intention behind the oath you swore to your wife:

1. If you intended divorce when committing the forbidden act that you swore to abandon but then committed, then one divorce has occurred. Divorce is not repeated by the repetition of the act unless a formula implying repetition was used. 2. If you did not intend divorce but intended emphasis, then the with us is that divorce occurs, and this is the view of the majority. Some scholars, like Ibn Taymiyyah, are of the opinion that an expiation for an oath (kaffarat ) is required and divorce does not occur. 3. If you intended merely a promise of divorce, then no divorce occurs, and no expiation is required of you.

In the event of divorce occurring, and if you have not previously divorced her more than once, you can take her back during her waiting period () by saying: "I have taken my wife back," without informing her. You must offer sincere repentance ( nasuh) for committing the forbidden act, which involves abandoning it, regretting it, and resolving not to return to it, and your repentance must be purely for the sake of Allah the Almighty.

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Ftawy
Original fatwa ID
189822
Imported
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Source text, unreviewed
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