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The question

How many divorces occur if a husband says to his wife: "You are divorced if you speak to so-and-so," and "You are divorced if you have spoken to him, or contacted him by any means of communication, and you are unlawful to me until the Day of Judgment," knowing that there was a previous explicit divorce during a period of purity in which intercourse occurred, and assuming the view of Ibn Taymiyyah regarding the non-occurrence of divorce during a period of purity in which intercourse occurred, and the view of those who hold that a conditional divorce does not occur unless it is intended as a divorce or a threat?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

Violating what Allah has legislated regarding divorce falls under scoffing at the verses of Allah, which is a grave matter Allah has forbidden. Swearing an oath by divorce is among the oaths of the dissolute.

Regarding the divorce pronouncements you made: 1. The phrase "You are divorced" is an explicit pronouncement that takes effect according to the majority of scholars, even if it occurred during a period of purity in which intercourse took place. 2. Conditioning divorce on the wife contacting a specific person makes the divorce effective, according to the majority of scholars, as soon as the contact occurs. 3. Intercourse that takes place after a second divorce is considered a raj'ah (revocation of divorce) by some scholars, such as the Hanbalis and Hanafis, even if raj'ah was not intended. 4. Conditioning divorce and tahrim (making something unlawful) in writing on the wife's contact, and the condition has been met: If you intended nothing: a kaffarah yamin (expiation for breaking an oath) is due for the tahrim. If you intended divorce: it is a third divorce, and the wife becomes unlawful for you until she marries another husband. Nothing is due for the tahrim if you intended divorce or zihar (injurious assimilation) because they occurred after the marital bond was severed. A kaffarah yamin is due if you intended by the tahrim an oath by Allah or if you intended nothing.

In summary of the issue: The view of the majority (which is the preponderant view): Three divorces have occurred based on the occurrence of raj'ah through intercourse without intention. According to the view that raj'ah did not occur: two divorces are incumbent upon you, and the wife becomes lawful for you with a new marriage contract. The view of Sheikh Al-Islam Ibn Taymiyyah: nothing is incumbent upon you because all the divorces occurred during a period of purity in which intercourse took place. However, it is not permissible to follow this view for someone who seeks out concessions.

Regarding conditioned divorce, there are three views: 1. The view of the majority: The divorce takes effect, whether the swearer intended divorce or mere threat. 2. The view of Sheikh Al-Islam Ibn Taymiyyah: It takes effect if divorce was intended, but if threat was intended, then a kaffarah yamin is due. 3. The view of the Zahiris: It does not take effect at all.

What is attributed to the mentioned Sheikh concerning the necessity of a kaffarah yamin, whether divorce or threat was intended, has no known precedent, and it is not permissible to adopt it without evidence supporting its validity.

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Source platform
Ftawy
Original fatwa ID
116153
Imported
Translation status
Source text, unreviewed
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