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The question

Did a divorce take place in the aforementioned cases if the husband said: "Get dressed and come to me in the street, and if you don't come, you will be divorced," then he said, "Don't come," and the wife did not go, or he said, "If I hear your voice, you will be divorced," and she does not know whether he heard her voice or not, or he said, "You will be unlawful to me and divorced by three if the girl goes down to Egypt with you," and "You will be divorced by three if the girl goes down to Egypt with you," and then they traveled to Egypt?

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

The opinions of jurists have differed regarding the occurrence of conditional divorce. The majority () hold that it occurs when the condition upon which it is suspended is fulfilled, even if the husband did not intend divorce. Ibn Taymiyyah, however, was of the view that the husband incurs an expiation for breaking an oath (kaffarat yameen) if he did not intend divorce, and our aligns with the view of the majority.

As for rendering the wife unlawful (tahrim al-zawjah), the predominant opinion is that it depends on the husband's intention.

Regarding divorce pronounced with the word "three," jurists have differed on whether it constitutes three divorces or one.

Accordingly, we advise you to have your husband consult a trusted scholar, or the specialized fatwa authorities, or the court to examine these matters and issue the appropriate ruling.

And we warn against taking the matter of divorce lightly, as there are legitimate ways to resolve marital problems. And Allah knows best.

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Where this answer came from
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Ftawy
Original fatwa ID
152956
Imported
Translation status
Source text, unreviewed
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