Is a triple conditional divorce effective if the wife leaves, having forgotten the condition, and is this utterance considered a single divorce?
The majority of scholars hold that a conditional divorce takes effect if the condition it was contingent upon occurs, and that a divorce pronounced as "triple" counts as three. However, Sheikh al-Islam Ibn Taymiyyah was of the view that a conditional divorce does not take effect if the intention behind it was threat, prevention, or encouragement, and that if pronounced as "triple," it counts as one. If the condition was intended for prevention and the wife did it forgetfully or out of ignorance, there is a difference of opinion among scholars regarding the occurrence of the divorce, and some verified scholars have preferred the view that divorce does not occur in this situation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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