Is a divorce effective with the words "I divorce you by three, if you move, you are divorced," if no duration for moving was specified, and the wife moved a long time after the argument ended?
A conditional divorce ( mu'allaq) takes effect upon the breach of the condition. If the husband did not have a specific intention or a reason for prohibition, the divorce occurs simply by the wife getting out of bed, whether he intended to effect a divorce or merely to threaten. This is the view of the majority of jurists. However, Ibn Taymiyyah held the view that divorce does not occur if the intention was mere threat, and in such a case, an expiation for breaking an oath (kaffarat ) is due.
As for swearing by triple divorce (talaq thalathan), such as "If my wife moves, she is thrice divorced," a single divorce occurs upon the breach of the condition, unless the husband intended more. In the case of "By triple divorce, if you speak to Zayd, you are divorced," a single divorce becomes binding, because the apodosis of the condition is "you are divorced," and she becomes divorced simply by speaking. Thus, the triple divorce does not become binding on him.
Due to the existing disagreement among scholars on these issues, and perhaps the need to clarify the intention behind the conditional divorce, it is advisable to consult the authorities specialized in personal status matters.
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