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The question

Does the threefold divorce apply to the wife if the oath was restricted to her leaving without her husband's permission, knowing that she did not leave except with his permission?

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

"Suspending divorce upon a condition brings about the divorce when the condition is met. This is the view of the majority of scholars, in contrast to Ibn Taymiyyah, who holds that its ruling is that of an oath, and expiation becomes due upon breaking it. Similarly, divorce uttered three times counts as three divorces according to the majority. The fundamental principle for suspension is that the condition must be connected to the subject of the condition. If there is a long, unjustified silence separating them, the suspension is nullified, and the divorce takes effect immediately as an absolute divorce. However, a brief silence due to an excuse (such as taking a breath or coughing) does not nullify the suspension. The questioner is advised to consult a Sharia court or knowledgeable scholars to resolve the matter, with a reminder that swearing by divorce is impermissible."

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
92859
Imported
Translation status
Source text, unreviewed
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