Does divorce occur if a husband swears by divorce three times not to call, and he does not call? And what should the wife do in this situation?
Divorce does not occur if the sworn-upon condition is not met. Swearing by divorce is considered a conditional divorce by the majority of scholars. A triple divorce pronounced in a single utterance counts as three divorces according to the majority. However, if the pronouncements of divorce are separate, scholars differ on the ruling: some hold that three divorces occur, while others maintain that only one divorce occurs because the final separation (baynunah) takes effect with the first. It is advised that the husband consult a scholar directly or refer the matter to the competent authority.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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