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The question

Does a triple divorce take place if a man says to his wife, "If anyone sees your face, you are triply divorced," and the condition is met, knowing that he said this to admonish and frighten her? And is this considered a second divorce or an irrevocable divorce, if the wife wishes to return to her husband?

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

If you divorced your wife with one pronouncement, then took her back, then made her divorce three contingent on her uncovering her face in front of someone, and she did so, then the fatwa we follow is that she has become irrevocably divorced from you (baynunah kubra). She cannot return to you unless she marries another man, he consummates the marriage with her, and then he divorces her or dies, and her 'iddah (waiting period) expires. Some scholars, such as Sheikh Ibn Taymiyyah, hold the view that a contingent divorce intended for threat or emphasis, rather than for actually effecting a divorce, takes the ruling of an oath. If the condition is met, the one who swore the oath must pay an expiation for an oath (kaffarat yamin), and the divorce does not occur. If the intention with the triple pronouncement was to effect divorce, then it counts as a single pronouncement. Therefore, if you did not intend to effect a divorce by her uncovering her face, then you owe an expiation for an oath.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
172161
Imported
Translation status
Source text, unreviewed
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