Is saying, "I have returned to you" sufficient for the wife to return after a conditional oath has been made? And does divorce occur if I swore to my wife, "If I hear her cry, she will be divorced," then she claimed she cried silently? And does divorce occur if I swore to her regarding an action that, if she did it, she would be divorced, and she did it forgetfully? And how many divorces have occurred? And what is the method for retracting the third conditional oath? And does her doing it forgetfully or mistakenly cause the divorce to occur or not?
If a husband divorces his wife with a revocable divorce (ṭalāq rajʿī), he has the right to take her back as long as she is within her waiting period (iddah). This is done by him saying: "I take you back" (rājaʿtuki). The majority of scholars hold that a conditional divorce takes effect if the condition upon which it is suspended is met, contrary to the view of Ibn Taymiyyah. If the husband intended to suspend the divorce upon his wife crying, it does not take effect unless he hears the crying. Doubt about hearing the crying does not cause the divorce to take effect. As for the wife performing the act upon which the divorce was suspended due to forgetfulness or error, the verified scholars do not consider the divorce to take effect in this case. According to the majority of scholars, a conditional divorce cannot be revoked once pronounced. It is advised to present the matter to a Sharia court or consult knowledgeable scholars.
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