Does the husband's divorce of his wife, to whom he said, "If something happens, you will be forbidden to me and divorced," take effect when this thing has happened for the third time, knowing that he said this in complete calmness and had divorced her twice before?
If the husband says to his wife: "If such-and-such happens or you do such-and-such, then you are forbidden to me and divorced," and he intends divorce, then this is considered a contingent divorce and prohibition. If the condition is met, divorce occurs according to the majority of jurists, and whatever he intended by the prohibition, whether it be ẓihār, an oath, or divorce (if he did not intend it to confirm the first), also occurs. Consequently, the wife becomes irrevocably divorced from her husband with a major baynūnah. Some scholars have elaborated on contingent divorce: if he intended divorce, then it is a divorce; but if he only intended an oath, then it is an oath for which expiation of an oath is due. It is advisable to refer to the Sharīʿah courts in the country of residence.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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