Back to search
The question

Does a triple divorce take effect if a third daughter is born, given that the husband intended his oath before the birth of the son and that there were two previous divorces?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If the husband states that he intended by his oath that his wife would only give birth to a male, then no divorce occurs if she gives birth to a female. This is because intention in an oath specifies the general and restricts the absolute. It must be noted that the matter of offspring is in the hands of Allah Almighty, and it is not befitting for the husband to hold his wife accountable for giving birth to daughters, as this is a characteristic of the people of the جاهلية (pre-Islamic ignorance) which Allah Almighty condemned. Indeed, great virtue has been mentioned regarding the birth of daughters. It is a grave mistake to use divorce as a threat in matters over which the woman has no control, as this contradicts good companionship.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
173268
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy