Is a woman considered thrice-divorced if her husband swore to divorce her if she left without his knowledge, and she then left three times?
Issuing a regarding the occurrence or non-occurrence of divorce is not possible without knowing the exact wording used by the husband. Most scholars hold the view that suspending a divorce upon a condition brings about its occurrence once the condition is met, regardless of whether the husband intended divorce, threat, or prevention. Some, like Ibn Taymiyyah, hold that if he did not intend divorce, it does not occur, and he is then liable for an expiation for breaking an oath. If a husband swore to his wife that she would not go out, and she did, he has broken his oath and is liable for whatever results from it, be it expiation or divorce, and the oath is dissolved. Nothing further is required of him thereafter, unless he brings forth something indicating repeated expiations due to repeated breaking of the oath. The only conditional particle that necessitates repetition in divorce is "whenever" (كلما).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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