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Is the wife considered irrevocably divorced (talaq bain kubra), and thus forbidden to her husband, based on the conditioning of divorce upon conditions that the husband violated, knowing that the revocations (ruju') after the previous divorces were without witnesses?

1 min readAlso available in العربية

The majority of scholars hold that if a man swears an oath of divorce or makes it conditional upon an event and then breaks that condition, his wife is divorced. The fatwa issued is based on the opinion of the majority. Therefore, as soon as you left the house after your husband made your divorce conditional upon it, you were divorced. And since this is the third divorce, you are irrevocably divorced from him with a major separation (baynunah kubra). He cannot take you back unless you marry another man willingly, consummate the marriage with him, and then he divorces you or dies, and your 'iddah (waiting period) from him expires. However, if your husband did not make the last divorce conditional upon the matters that occurred after the separation, but rather gave you the choice if he were to do them, then you have the option at that time, and you would not be divorced simply by his actions. We advise presenting the matter to trustworthy scholars.

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

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