Is it permissible for a wife to remain with her husband after he has explicitly divorced her twice, and then divorced her a third time conditionally with the intention of the divorce taking effect, then act upon a fatwa stating that a conditional divorce does not take effect?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If you intended for the divorce to take effect when your wife leaves, then upon her leaving, the divorce occurs. If you had previously divorced her twice, then upon her leaving, she becomes irrevocably separated from you (Baynunah Kubra), and she is not lawful for you unless she marries another husband in a genuine marriage and he consummates it with her, and then he divorces her or dies, and her waiting period () from him ends. The occurrence of this suspended divorce is not a matter of dispute among the general body of scholars. We advise presenting the matter to trustworthy scholars.
Summarized from the full answer at Ftawy · imported
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- 154889
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