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?
"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 court or knowledgeable scholars to resolve the matter, with a reminder that swearing by divorce is impermissible."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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