What is the ruling regarding multiple oaths of divorce issued by the husband (swearing by divorce, conditional divorce, promise of divorce, doubt about divorce), without him having uttered an explicit oath, taking into consideration the fatwas of some scholars that bid'ah divorce or conditional divorce does not take effect, and the questioner's desire not to resort to Sharia courts?
The questioner should be content with the fatwa of someone whose knowledge and piety he trusts, and not seek out concessions. The questioner's ignorance of the rulings of divorce does not exempt him from its consequences. The number of times a man can take his wife back after divorce is two, and after the third divorce, the woman is not lawful for him until she marries another husband. All divorces acknowledged by the questioner occur and must be counted. Conditional divorce occurs if the condition is met. If the intention behind an oath of divorce was to urge or prevent, and not to effect a divorce, then it requires expiation for an oath. If the intention was to effect a divorce, then it occurs. If the questioner doubts whether a divorce occurred, it does not occur. If he doubts the number of divorces, he should investigate until he is reasonably certain of the number. The majority of scholars hold that an innovated divorce (talaq bid'i) occurs, and this is more cautious and absolves one of responsibility. The questioner must not cling to his wife if the ruling of Islamic law dictates their separation, for Allah may provide him with someone better than her.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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