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What is the ruling regarding a man who swore an oath of triple divorce upon his wife in a state of anger, stating that if she leaves without his permission with a specific woman, she is divorced, knowing that she has not left, and he wishes to retract his oath, and she is seven months pregnant and has only been residing in the country for eight months?

1 min readAlso available in العربية

Conditional divorce, according to the majority of scholars, including the four Madhhabs, takes effect if the condition upon which it was made is met. This is the preponderant opinion. If the divorce is pronounced three times, it takes effect as three divorces. Consequently, the wife becomes unlawful for him until she marries another man in a valid marriage of desire, not a marriage of tahlil (for the purpose of making her lawful for her first husband), and he divorces her after consummating the marriage. Shaykh al-Islam Ibn Taymiyyah said that if he did not intend divorce but rather an oath, he must pay an expiation for a broken oath. However, if he intended divorce, then a single divorce takes effect, and he can reconcile with her before her iddah (waiting period) expires, provided this divorce does not complete the three divorces. The wife's pregnancy does not prevent the divorce from taking effect, and her residing in a disbelieving country does not alter the legal ruling in any way. The majority of scholars hold that the husband cannot retract the divorce once it has been made conditional on an event, whereas Shaykh al-Islam Ibn Taymiyyah said that if he intended divorce, he can retract it. The fatwa (religious edict) is that the husband cannot retract the conditional statement, and if the condition is met, it results in an irrevocable divorce (baynunah kubra). If his anger was severe at the time of swearing by divorce, such that he was not conscious of what he was saying, then nothing is due from him, as he is not held accountable in such a state.

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

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