Does triple Talaq fall upon the wife if she called a person she was forbidden to speak to, but no conversation took place between them due to a weak network connection and the call was quickly disconnected?
Conditional divorce does not occur unless the condition is met. If a husband swears by triple divorce that his wife will not speak to a specific person, and the wife tries to call him but cannot due to poor network, then the divorce does not occur because the condition—the wife speaking to the said person—was not fulfilled. However, if the wife does speak to the person sworn about, but the latter does not hear her due to poor network, then it appears that the oath has been broken. This is because what matters is the utterance of speech by the swearer, not the hearing of the person sworn about, unless the lack of hearing by the person sworn about is due to an excuse. Furthermore, some scholars are of the opinion that divorce does not occur if the wife was unaware of the oath and the husband did not intend to actually prevent her, but merely to make the divorce conditional.
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