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The question

Does the oath "Divorce be upon me if you do not close the door" constitute a third divorce for my wife, whom I have previously divorced twice, given that one of the two wives closed the door before the other?

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

Scholars have divided the conditionality in divorce into two categories: intentional conditionality, which is an oath-based conditionality, and divorce does not occur with it; and conditional conditionality, which is a contingent conditionality, and divorce occurs with it upon the fulfillment of the condition. Ibn Taymiyyah holds that if the intention behind the conditionality is an oath and not separation, then it is an oath; but if the intention is for the consequence to occur, then divorce takes place. It appears that the divorce did not occur for the woman in question because the صيغة (formulation) used is for an oath-based conditionality, and because she initiated the action and fulfilled her husband's oath. This is unless the husband intended for both of them to participate in closing the door at the very same moment, in which case divorce would occur for the one who failed to close it.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
33888
Imported
Translation status
Source text, unreviewed
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