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The question

What is the ruling on swearing by triple divorce upon finishing a carton of milk and bringing another, and does the divorce take effect if that occurs, and is it permissible for the wife to buy milk if the answer is yes and it cannot be fulfilled?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a husband stipulates that his wife's divorce is contingent upon the milk running out and her bringing other milk, and the condition upon which the divorce was suspended occurs, then the wife is divorced by three pronouncements according to the majority of scholars. The divorce is not prevented from taking place by the husband's anger or the wife's pregnancy.

However, if the wife buys the milk herself, the occurrence of the divorce depends on the husband's intention when he uttered the divorce. If he intended to suspend the divorce only on his purchasing it, then it does not occur if she buys it. But if he suspended it on the act of purchasing itself, then it occurs. If there is no clear intention, then reference is made to the reason for the oath (the context of the oath) that prompted him to suspend the divorce, in order to determine what was intended.

The husband is advised to fear Allah and to be cautious about uttering divorce upon the slightest disagreement.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
158075
Imported
Translation status
Source text, unreviewed
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