Is the wife considered divorced after the husband swore: "If this matter happens again, then my wife, so-and-so, is divorced from me," and the matter occurred again? And what is the required legal procedure to rectify the situation after months have passed?
The husband's statement: "If this thing happens, then my wife so-and-so is divorced from me" is a contingent divorce. If the husband intended divorce by it, then the wife becomes divorced as soon as the contingency occurs. If he intended a threat, then the majority of scholars also rule that it constitutes a divorce, while some say it requires an expiation for an oath. It appears that your husband intended divorce, and therefore, you have been divorced from him.
If this divorce is the first or second, he has the right to take you back during the waiting period () without a new contract. If the waiting period ends, there is no right to take you back except with a new contract and your consent. If this is the third divorce, you are not permissible for him until you marry another husband.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 60683
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy