Are three divorces counted against the husband if he swore by divorce to his wife that she would not consume khat, and she left it but consumed it later; and if he swore by divorce that she would not bring the phone into the bedroom, and she did so forgetfully; and if he swore by divorce to himself that he would not return to masturbation, and then he returned to it?
The majority of scholars hold that a divorce pronounced as an oath takes effect if the condition is violated. This is the we adhere to, contrary to Ibn Taymiyyah, who holds that no divorce occurs, but rather an expiation for an oath is required. What is preponderant with us is that divorce does not occur if the wife commits the act upon which her divorce was conditioned, provided she did so forgetfully. The fatwa issued is that two divorces occur; however, according to Ibn Taymiyyah's view, nothing occurs. One must swear by Allah, not by divorce, for swearing by divorce is among the oaths of the dissolute, and using oaths to cease from sins is an unsound approach.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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