Back to search
The question

Does the divorce I conditioned on my wife's telling a certain story take effect, and what is the ruling on the continuation of marital life if her truthfulness is not confirmed, and would a subsequent divorce be considered a second divorce if it occurred 10 days or a little more later?

Share this answer

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

The prohibition of a wife takes effect according to the husband's intention: if he intends divorce, it becomes a divorce; if he intends zihar, it becomes zihar; and if he intends an oath or has no intention at all, he is liable for an expiation for an oath (kaffarat ).

Therefore, if you conditioned the prohibition of your wife on her intentional concealment of something, and you intended a divorce to occur immediately upon her concealment, and her intentional concealment becomes clear, then the divorce is effective. However, if you are unable to ascertain the truth of the matter, then her statement is what counts: if she informs you that she is truthful, she is not divorced. According to the Malikis, you should divorce her, but it is not obligatory upon you.

If one divorce occurred, and then you divorced her a second time after having taken her back, and this was during a period of purity (tuhr) in which you had not touched her, and it was not the purity of the first divorce, then this counts as a second divorce without dispute. If any of the mentioned conditions are not met, then it still counts as a second divorce according to the majority of scholars.

We advise against swearing by divorce and prohibition in the future, and against reviewing your wife before the completion of her waiting period () if a divorce occurred and you wish to review her, and against divorcing without a legitimate reason.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
115077
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy