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The question

Did divorce occur in the following cases: when divorce was made conditional on not returning the wife's gold by a specific time, with the intention of returning it when easy; when the taking of the gold was denied out of stubbornness towards the wife; when triple divorce was made conditional on watching pornographic films with the intention of threatening; and when there was an intention to divorce and a friend was informed of this, believing that divorce occurs by intention? And is the wife lawful for him in all these cases?

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

The basis of an oath is the intention of the swearer. If you intended to make your wife's divorce conditional on her not returning the gold when you have ample means, then you have not broken your oath now, as long as you are in hardship. The oath is only broken if you refuse to pay after becoming wealthy, or if wealth becomes impossible due to death or similar circumstances. This is based on the understanding that "إذا" (if/when) implies deferment. As for your statement to your wife, "I did not take anything from you," this is a clear lie, and you must repent.

Regarding the triple divorce conditioned on her watching movies: You have not broken your oath if she does not watch them. However, if she does watch them, the triple divorce takes effect according to the majority of scholars, and she will not be lawful for you until she marries another husband. Your illness does not prevent the divorce from taking effect as long as you understand what you are saying. As for what you intended regarding divorce, nothing is binding unless it is uttered. And informing your friend about the divorce does not bring it into effect unless you intended to initiate it.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
113894
Imported
Translation status
Source text, unreviewed
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