Does a triple divorce take effect if the husband said to his wife: "I swear by triple divorce, if you go to your mother without telling me, you will not enter the house," and the wife went without informing him, knowing that the husband learned of her departure from the children, and that the wife intentionally did not inform him desiring a divorce?
The reality of what the husband uttered is that he conditioned his wife's divorce on her going to her mother's house without informing him. What the divorce was conditioned upon has occurred, so the divorce takes effect, even if the wife intended to make her husband break his oath. This is the view of the majority of jurists, and according to them, a triple divorce occurs. What was mentioned about his knowing through his children is not considered. The husband should consult fatwa departments or the personal status court. There should be dialogue and understanding between the spouses, and the husband should be warned against using divorce as a means to resolve disputes, for marital life is a solemn covenant.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/186069
- Source platform
- Ftawy
- Original fatwa ID
- 186069
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy