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The question

Is the wife considered divorced after the fulfillment of the condition upon which her husband swore an oath of divorce, knowing that the husband is unaware of the condition's fulfillment and she is living a normal life with him?

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

If a man suspends his wife's divorce upon a specific action without any restriction, the divorce takes effect as soon as that action occurs, even if the husband is unaware. He incurs no sin by cohabiting with her due to his lack of knowledge of the divorce. If it was the third divorce, he must cease cohabiting with her immediately upon learning of it. If it was the first or second, his cohabitation with her constitutes a revocable return (raj'ah), according to the view that holds the validity of revocation through intercourse without intention. Sin is lifted from the husband as long as he is unaware of the occurrence of the suspended condition, and any child born to him thereafter is legitimate. However, if he suspends the divorce upon his knowledge of the action occurring, then the wife is not divorced until he gains that knowledge.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
78402
Imported
Translation status
Source text, unreviewed
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