Is a divorce valid if the husband swore to his wife saying: "It is forbidden, a triple divorce from you, if I see you working," and he later saw light traces of makeup on her for a second time without mentioning the oath or divorce? And what is the ruling on the intercourse that occurred before this incident?
If a husband suspends his wife’s triple divorce on seeing traces of makeup on her face outside the house, then the apparent ruling is that the triple divorce occurs and the major irrevocable divorce (al-bainunah al-kubra) takes place as soon as those traces are seen. The husband then does not have the right to take her back (raj’ah) unless she marries another man willingly, consummates the marriage with him, and then he divorces her or dies, and her waiting period (iddah) expires. Some scholars are of the view that the divorce does not occur if the husband did not intend to effect it, but rather intended only to threaten, and he is then obliged to pay an expiation for breaking an oath (kaffarat yamin). It is advised to present the matter to trustworthy scholars for a detailed inquiry from the husband and for them to issue a fatwa based on what they deem most preponderant.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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