What is the ruling on a husband who swore an oath of divorce to his wife twice upon the occurrence of a specific action, and this action occurred both times? Does the divorce take effect in both instances? And what should the wife do about this?
The majority of scholars hold that swearing an oath of divorce effects a divorce if the condition sworn upon occurs. This is the fatwa we adhere to. Therefore, if a husband swears to divorce his wife upon the occurrence of a certain event, and this happens twice, two divorces have occurred.
If the husband has not divorced his wife with more than these two divorces, he may reconcile with her as long as she is within her waiting period ('iddah). Otherwise, it requires a new marriage contract.
If the husband completes three divorces, his wife does not become lawful for him again unless she marries another man out of genuine desire and he consummates the marriage with her, and then he divorces her or dies, and her waiting period ends.
It is advisable to present this matter to a Sharia court or to trusted scholars.
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