Does divorce occur if a husband swears by divorce not to approach his two wives until he knows who is threatening his second wife, and he does not find out, and then he has intercourse with them, even though he was not angry at the time of the oath? And is the wife who did not hear the divorce oath divorced?
If a husband conditions the divorce of two wives on intercourse or intimacy with one of them before knowing who threatened the second wife, and the conditioned event occurs before this knowledge, the divorce takes place according to the majority of scholars. The husband's utterance of the divorce is sufficient for it to occur, and the wife's not hearing it does not prevent this. The husband can take back both wives before the end of the iddah (waiting period) if this divorce is not the third one. The iddah ends with purification from the third menstrual period, or three months for one who does not menstruate, or delivery of the fetus for a pregnant woman. If the iddah has expired, the marriage contract must be renewed. If this divorce is the third one for either of them, she becomes unlawful to him and is not permissible for him unless she marries another husband out of genuine desire and he divorces her after consummation.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/100521