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The question

Is a triple divorce, contingent on the husband marrying another woman, effective if it occurs during a period of purity in which the wife was معايا?

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

The husband conditioned his wife's triple divorce on not marrying another woman. This divorce does not take effect unless the husband marries another woman, and this occurs after his death. This is the view of the majority of scholars. The Malikis, however, hold that the breach of the oath occurs simply by the husband's intention not to marry another woman. As for Ibn Taymiyyah, he is of the view that a divorce conditioned for the purpose of threat does not take effect; rather, an expiation for a broken oath (kaffarat yamin) is required. He also holds that pronouncing "triple divorce" counts as a single divorce. Furthermore, a conditional divorce during menstruation or during a period of purity in which intercourse occurred is not an innovation (bid'ah), as what matters is the time the divorce takes effect. It is advisable to present the matter to a Sharia court or to trusted scholars.

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Ftawy
Original fatwa ID
132928
Imported
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Source text, unreviewed
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