What is the Sharia ruling regarding a wife who has been divorced three times by her husband's statement: "By Allah, you are divorced three times if you enter your paternal aunt's house, or your maternal aunt's house, or our house without me, and every riyal I saved to bring you here to me in the Kingdom, I will travel to marry someone else, and if I do not marry, then you are divorced by three," and is it obligatory for the husband to marry another woman for his first wife to become lawful for him?
Legally, a wife is not obligated to reside in her husband's family home, and the husband does not have the right to compel her to do so. Her presence with them in his absence may lead to problems. The husband's statement to his wife, "You are divorced thrice if you enter your paternal aunt's house, or your maternal aunt's house, or our house without me," is considered a conditional divorce (ta'liq al-talaq). If she does not enter, she is not divorced. His statement, "And if I do not marry, then you are divorced thrice," means that if he does not marry, the divorce occurs. To avoid breaking the oath (al-hinth) and the divorce taking place in this case, he is obligated to marry another woman. This is based on the opinion of the majority of scholars that conditional divorce takes effect, and that a triple divorce counts as three. However, Sheikh al-Islam Ibn Taymiyyah held that if divorce was not intended in the conditional statement, it is an oath requiring an expiation (kaffarat yamin), and that a triple divorce counts as a single divorce. It is advisable to consult the Sharia court.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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