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The question

Does a triple divorce take effect on a wife who physically assaulted her husband, knowing that the husband swore an oath to that effect against her only with the intention of deterring her, then repented of his oath before the assault occurred?

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

What the husband uttered was a contingent divorce. The majority of jurists hold that a contingent divorce takes effect if the condition upon which it was suspended occurs, regardless of whether the husband intended divorce or merely a threat. They also hold that a divorce pronounced with the word "three" counts as three divorces, and this is the fatwa (ruling) adhered to.

So, if the wife consciously performed the action upon which the divorce was contingent, then three divorces have occurred, and the wife has become irrevocably divorced (baynunah kubra). There is no way for the husband to take her back unless she marries another husband willingly, and then he divorces her or dies, and her 'iddah (waiting period) expires.

As for the wife's maintenance and housing after the divorce, the preponderant opinion among us is that she is not entitled to maintenance or housing.

The custody of the children belongs to the mother unless there is an impediment. A boy, after reaching seven years of age, is given the choice between his parents, while a girl after seven years of age stays with her father. In case of dispute over custody, the Sharia judge will rule on the matter. It is preferable to present the issue directly to scholars.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
121913
Imported
Translation status
Source text, unreviewed
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