Does a triple divorce occur if the wife breaks an oath conditional on a specific act, given the change in circumstances related to the oath and the husband's intention?
If a man swears to divorce his wife three times, intending the divorce to occur, then she is divorced thrice upon his breaking the oath, and he cannot revoke his condition. The wife's ignorance of the husband's intention is not considered. Changing the mobile phone or SIM card does not nullify the oath, as the intention is to prevent the wife from accessing her husband's secrets.
Therefore, you should not open his mobile phone or make calls from it to avoid the divorce taking place. If he had an intention that contradicts the apparent wording, then what he intended is what matters. Or, if the reason for which the divorce was conditioned ceases to exist, then the oath is dissolved. It is advisable to present such matters directly to scholars to ascertain the husband's true intention.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 96702
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy