Does the husband's saying, in a state of anger, "By triple divorce, if you do such and such, you are divorced" count as a conditional divorce or an oath of divorce, and does the divorce take effect if the conditioned act occurs unintentionally?
The majority of scholars hold that there is no difference between conditioning divorce and swearing by it, and divorce occurs if the swearer breaks his oath or if the condition for the divorce is met. Thus, if the husband swears by triple divorce concerning a specific matter, and his wife does not fulfill this matter, then nothing is incumbent upon him. However, if she fulfills it in the manner the husband intended, then one divorce occurs, and he may take her back if it was the first or second divorce and she is still within her waiting period (). If she does so unintentionally, and the husband's conditioning required intent, then no divorce occurs. Sheikh Ulaysh al-Maliki was asked about the phrase, "By triple divorce, if you speak to Zayd, you are divorced," and he replied that the wife is divorced by a single divorce if the husband did not intend more.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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