Does triple divorce occur if a husband permits his wife to turn on the television after he swore by triple divorce that she would not do so, and she had refrained?
The majority of scholars hold that a conditional divorce occurs upon the fulfillment of the condition, and this is the most preponderant opinion. So, if a husband conditions the triple divorce of his wife on her turning on the television, and then he allows her to do so or she does it herself, then according to the majority of scholars, a triple divorce has occurred, and she becomes unlawful to him until she marries another husband.
As for Sheikh al-Islam Ibn Taymiyyah, he holds that an expiation for an oath (kaffarat ) is required if he did not intend divorce. If he did intend divorce, then it is a single divorce, and he can reconcile with her before the completion of her if it does not complete the three divorces.
However, if the husband intended that the divorce would not occur if he permitted his wife to turn on the television, then the oath is not broken because its basis lies in the intention of the one who swears it.
The majority of scholars hold that it is not possible to retract a conditional divorce, while Sheikh al-Islam Ibn Taymiyyah believes it is possible to retract it. The preponderant opinion is that of the majority.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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