Does a conditional divorce, contingent on an unfulfilled condition (the wife going to a specific place), count as a divorce if the husband later tells his wife, "You are divorced"?
A suspended divorce does not take effect until the condition upon which it is suspended is met. An immediate, revocable divorce does not invalidate a previous suspension, as stated in Al-Mughni by Ibn Qudamah and Al-Fatawa Al-Kubra by Ibn Hajar Al-Haytami. Therefore, if you divorce your wife with a revocable divorce and then take her back, the suspension remains. If the wife goes to the intended place, the divorce becomes effective according to the majority of scholars, and you may take her back if the number of divorces has not reached three. Sheikh Al-Islam Ibn Taymiyyah held the view that an expiation for a broken oath (kaffarat ) is required if divorce was not intended, but the preponderant opinion is that of the majority.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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