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The question

What is the ruling on conditional divorce, and is it considered a third divorce after two previous divorces have occurred?

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

There are two forms for a conditional divorce: 1. The form of a "vow" such as: "If you leave for such and such a place, then you are divorced." If she leaves, the divorce takes place according to the majority of scholars. 2. The form of an "oath" such as: "If you do not enter that room, then you are divorced." If she does not enter it, the divorce takes place if a time limit was specified. If no time limit was specified, the divorce does not take place unless entry becomes impossible.

The occurrence of a conditional divorce upon breaking an oath is the opinion of the majority of scholars and is the most preponderant and relied-upon view.

Accordingly, if the husband breaks his conditional divorce after divorcing his wife twice, she becomes unlawful for him and is not permissible for him until she marries another husband with a valid marriage and he divorces her after consummation. This is if the divorce was with an explicit word. However, if it was with an implied word, it does not take effect except with the intention.

The husband is advised to resort to Sharia courts.

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Ftawy
Original fatwa ID
101519
Imported
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