Does a conditional divorce before consummation—in the event that no seclusion is recalled—count as a revocable or an irrevocable divorce, and if the conditional divorce wording is repeated and takes effect, is it considered a single divorce according to the madhhab of Ibn Taymiyyah?
The majority of jurists hold that divorce before consummation is an irrevocable divorce (طلاق بائن), even if there was a private meeting (khalwa), unless intercourse is claimed. As for divorce before both (consummation and khalwa), it is irrevocably binding without dispute. Doubt about khalwa is not considered, and the default ruling for divorce before consummation is that it is irrevocable. If the husband made his wife's divorce conditional on an event before consummation, and then the event occurred and he doubted the khalwa, his divorce becomes irrevocable. Repeating the conditioning لفظ (word) does not repeat the divorce. Ibn Taymiyyah is of the view that if a conditional divorce is not intended to be a divorce, its ruling is like an oath, and an expiation for an oath (kaffarat yamin) is required. However, if it is intended to be a divorce, then the divorce is effective.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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