Back to search

What is the Sharia ruling regarding a wife who did not return to her husband's home on the night that her husband swore by triple divorce and declared her to him as unlawful as his mother if she did not return; is she unlawful to him? Is it permissible to take her back? And how is the return legitimately accomplished?

1 min readAlso available in العربية

The majority of scholars hold that a conditional divorce takes effect if the condition upon which it was made is met, and that a divorce pronounced as "thrice" counts as three divorces. Accordingly, since the wife has done what the husband conditioned her divorce upon, she has become irrevocably divorced from him (baynunah kubra). He has no way back to her until she marries another husband willingly, consummates the marriage with him, and then he divorces her or dies, and her 'iddah (waiting period) expires. If the wife returns to him after marrying someone else and separating from him, it is not permissible to have intercourse with her until he performs the expiation for Dhihar (declarative divorce). The questioner is advised to present his case to a Sharia court or trusted scholars, and to avoid using words of prohibition and divorce as threats.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy