Does a divorce occur with the husband's statement "You are divorced" upon his son entering the house, given that he had previously sworn by divorce two or three times over matters that occurred against the wife's will?
The majority of scholars hold that a conditional divorce takes effect when the condition is met. So, if a man makes his wife's divorce conditional upon several things, and then violates those conditions, or some of them, multiple divorces count against him according to the number of oaths he violated. For the second or third divorce to take effect, the wife must still be under her husband's marital bond or within the iddah (waiting period) of a revocable divorce. The iddah ends with the wife's purification from her third menstrual cycle after the divorce, or after three months if she does not menstruate, or upon delivering her baby if she is pregnant. The divorce of an angry person takes effect unless his anger is so intense that he does not know what he is saying. If three divorces become binding upon the husband, the wife becomes unlawful for him until she marries another husband. If fewer than three divorces become binding, he may take her back before the iddah is complete. Evicting the child from the house does not prevent the divorce from taking effect, as long as the husband swore an oath not to enter the house, unless his oath had a reason that ceased to exist before the violation occurred. If the husband did not intend divorce at the time of the oath, then according to Ibn Taymiyyah, he is obligated to offer an expiation for an oath.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/104022