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: FtawySummary from Ftawy's records · added here 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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/154889
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 154889
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy