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Is a wife divorced by her husband's saying: "Upon me be divorce by three, for you to be divorced, if you don't come," and then she rode with him in the car after he came down to her?

1 min readAlso available in العربية

Scholars have differed concerning the ruling on a conditional oath of divorce. The majority of them hold that divorce occurs absolutely upon breaking the oath, and this is the fatwa given. Ibn Taymiyyah and those who agreed with him were of the opinion that an oath of divorce intended for emphasis or prevention does not bring about divorce; rather, the one who takes the oath is liable for an expiation for an oath (kaffarat yamin) upon breaking it. If the husband breaks his oath, a single divorce occurs, unless he intended more. This is because the apodosis of the condition is "you are divorced" and not "you are thrice divorced." Intention is the reference point in determining what occurs upon breaking the oath; it specifies the general and generalizes the specific. Therefore, it is advisable to present the matter to trustworthy scholars to clarify the husband's intention.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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