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The question

Does a triple divorce take effect if the husband swore to his wife by it, [saying,] "If I find the mobile phone," and she came and admitted that she had a mobile phone from her family?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that a conditional divorce takes effect if the condition it is contingent upon is met, and this is the fatwa (religious edict) issued. Divorce depends on what you intended and uttered. If the condition you swore upon is met, the divorce takes effect according to the majority, and your wife becomes unlawful for you until she marries someone else. Ibn Taymiyyah, however, is of the view that an expiation for breaking an oath (kaffarat yamin) is required if you did not intend divorce. If you did intend divorce, then one divorce occurs, and you can take her back before the 'iddah (waiting period) expires, provided this divorce does not complete the three divorces. An oath is based on the intention of the one who swears it.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
122170
Imported
Translation status
Source text, unreviewed
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