What is the ruling on a triple conditional divorce pronounced to the wife, if she swore that there were no previous messages, then it became clear that there was a message she had not replied to, knowing that she justified this by saying she was waiting for the call to end to tell him?
We have previously warned against the error of a husband asking his wife about her past, and that the principle is to assume good intentions and to conceal flaws. As for your conditional divorce, merely threatening with triple divorce does not result in divorce. If your not informing your wife about the message sent to her by her sister's husband's brother falls within what you made her divorce conditional upon, then the fatwa with us is that a single divorce has occurred. And since you have not consummated the marriage with her, she has become irrevocably separated from you, and you cannot return to her except with a new marriage contract and dowry. This is the view of the majority of scholars. Some scholars, like Ibn Taymiyyah, held that divorce does not occur if one did not intend to issue it, but rather intended to threaten, and in this case, an expiation for a broken oath (kaffarat yamin) is required. However, if your not informing her was due to forgetfulness or an interpretation that it does not fall under your oath, then the preponderant view is that there is no breach of oath and no divorce occurs. But if your not informing her was not included in what you made the divorce conditional upon, because you intended by "messages" what was exchanged or in a flirtatious context, then you do not breach your oath, and your divorce does not occur. Because this issue involves detail and scholarly disagreement, it is advisable to present it to scholars whose religious commitment and knowledge are trusted.
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