Does saying "You are divorced, then divorced, then divorced" effect a divorce for a wife who left the house, even though that was conditioned on her leaving, and is there a way for her to return given her desire not to separate?
The question involves two matters: contingent divorce and a triple divorce. The majority of scholars hold that a contingent divorce takes effect, and a triple divorce counts as three. However, Sheikh al-Islam Ibn Taymiyyah believes that a contingent divorce does not take effect unless it was intended, and that a triple divorce counts as a single divorce. Therefore, if the husband intended to effect a divorce with the three pronouncements, his wife becomes irrevocably divorced. If he intended emphasis, it counts as a single divorce. As for Sheikh al-Islam's view, divorce does not take effect unless it was intended, and it counts as a single divorce; otherwise, an expiation for breaking an oath is due. We recommend consulting the courts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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