Is the wife still under the husband's authority, and are the children illegitimate, after the husband discovered his wife was not a virgin and had been unfaithful, and he uttered the divorce several times in different forms and tied to conditions?
Most scholars hold the view that if a husband makes his wife's divorce conditional upon an event, and that event occurs, she is divorced, regardless of whether the husband intended divorce or threat. They also hold that a triple pronouncement of divorce counts as three divorces, and this is the prevailing legal opinion (fatwa). Ibn Taymiyyah, however, believes that if the husband did not intend divorce but merely a threat, then no divorce occurs; instead, an expiation for breaking an oath (kaffarat yameen) is required. He also holds that a triple pronouncement of divorce counts as a single divorce. Scholars have differed on whether the phrase "divorce with no return" (طلاق لا رجعة فيه) constitutes one divorce or three. The majority opinion is that it counts as a single revocable divorce.
The summarized prevailing legal opinion (fatwa) is that the wife was divorced three times due to her failure to return within the specified time, and her return (reconciliation) is invalid. The children are attributed to the husband as long as he believed the reconciliation was valid, based on the saying of Ibn Taymiyyah: "And whoever marries a woman with a marriage contract that is invalid, whether its invalidity is agreed upon or disputed... then his child from her is attributed to him, and they inherit from each other by the unanimous agreement of Muslims." It is advisable to present the matter to a Sharia court or trusted scholars. If the wife remains under his marital bond and is not chaste, divorcing her is preferable.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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