Does divorce take effect if the husband says to his wife: "You are triply divorced if you betray me a second time, and you will consider yourself forbidden to me if you betray me"?
A wife's betrayal of her husband is a heinous sin for which she must offer sincere repentance. The husband's statement divorcing his wife three times and making her unlawful to him upon her betrayal becomes effective if the betrayal occurs, otherwise not. A triple divorce, according to the majority of jurists, becomes effective, and thus the wife becomes unlawful to him until she marries someone else. As for making her unlawful (تحريم), it depends on the husband's intention; if he intended divorce or ẓihār, it is not effective because it occurred after the marital bond ceased. If he intended an oath, then an expiation for an oath is due from him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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