Does the divorce that occurred on four occasions count, knowing that some of them were in a state of extreme anger, and some were conditional, and that the wife is pregnant?
Divorce pronounced in a state of anger takes effect unless the anger reaches a point where it removes sanity and causes unconsciousness, and the wife would then be irrevocably divorced (baynunah kubra).
As for swearing an oath to divorce one's wife: - If it was an oath to divorce her in the future should she not answer you: You may break your oath and offer expiation for an oath, and the divorce will not take effect. - If it was a suspension of divorce contingent on her not answering: This is a divorce suspended on the wife's action, and the husband is prohibited from intercourse until that which he swore upon occurs. The Imam will then set a period of waiting (for reconciliation) as he deems appropriate, but it will not be considered an ila' (oath of abstinence) period.
The husband is advised to refer the matter to the competent court to resolve the dispute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 74771
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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