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The question

Does uttering the phrase "By divorce" five times concerning different matters and then retracting it constitute a divorce?

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

The husband's statement: "By divorce, if such and such happens," is a conditional divorce of his wife. If the condition is met, the wife is divorced according to most scholars, regardless of whether the husband intended to effect a divorce or merely to threaten. However, Ibn Taymiyyah is of the opinion that if he intended to effect a divorce, he may retract it, and if he intended to threaten, no divorce occurs, but he must pay an expiation for a broken oath.

According to the preferred view, if the condition upon which the husband suspended his wife's divorce is met, she is divorced from him. If the first breach of oath occurred before consummation or valid seclusion, or after consummation but the breach of the remaining oaths did not occur until after the 'iddah (waiting period) expired without a رجعة (resumption of marital relations), then the divorce is not counted. However, if the breach of the oaths occurred within the 'iddah or after the wife was taken back, she becomes irrevocably divorced from him (baynunah kubra), and any number exceeding three divorces is considered void.

According to Ibn Taymiyyah's madhhab, if the husband intended to suspend the divorce and then retracted it, there is nothing upon him. And if he did not intend to effect a divorce but rather to threaten, no divorce occurs, but he must pay an expiation for a broken oath upon breaching it.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy