Does a triple divorce befall the wife if she remembers that she gave an untruthful answer to her husband's question, while having forgotten and not intentionally lied, and the husband had told her: "You are triply divorced, an irrevocable divorce, if you lie to me"?
If a husband makes his wife's divorce conditional upon her intentionally lying, and she does not lie intentionally, then the divorce does not occur.
If he makes the divorce conditional upon her reporting something contrary to reality, and she reports something contrary to reality out of forgetfulness and unintentionally, the preponderant opinion is that the divorce does not occur. If the condition upon which the divorce is contingent is fulfilled by someone who is forgetful, ignorant, or coerced, the divorce does not occur.
The preponderant opinion is that the divorce pronounced by the aforementioned husband does not occur. We would like to point out that the lawful oath is to swear by Allah the Almighty. As for swearing by divorce, it is among the oaths of the dissolute, and it may lead to undesirable consequences.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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