Does conditional divorce take effect, given knowledge of purity and intercourse at the time of the condition, then menstruation before the condition occurs, and intercourse occurring after the condition and before its occurrence, with it being the second divorce? And is it considered a major irreversible divorce (baynunah kubra) if it takes effect?

The fatwa (definition) we adhere to is that divorce pronounced during menstruation or during a period of purity (ṭuhr) in which intercourse has occurred is an enforceable divorce. Furthermore, a divorce contingent upon a condition occurs upon the fulfillment of that condition, whether the husband intended divorce or intended emphasis or threat. Some scholars, such as Ibn Taymiyyah, hold that swearing by divorce with the intention of emphasis does not result in divorce, but rather necessitates an expiation for an oath (kaffārat yamīn), and that divorce pronounced during menstruation or during a period of purity in which intercourse has occurred is not an enforceable divorce.

Accordingly, the fatwa (ruling) is that the questioner's divorce of his wife has occurred. If it does not complete the three divorces, it is a revocable divorce, and he may take his wife back before the expiry of her waiting period (ʿiddah).