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The question

What is the ruling of Islamic law regarding a wife to whom it was said: "If you utter another word against me, you are divorced," and then in the same minute it was said to her, "You are divorced by three (talāqs)?"

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

The majority of scholars hold the view that if a husband makes his wife's divorce conditional upon a certain event, and that event occurs, she is divorced from him, regardless of whether the husband intended to effect the divorce or merely intended to threaten, emphasize, or prevent something. A divorce pronounced with the word "triple" counts as three divorces. This is the established . However, Sheikh al-Islam Ibn Taymiyyah is of the opinion that if the husband did not intend to effect a divorce but rather intended to threaten or emphasize, then no divorce occurs, but he must pay an expiation for breaking an oath. If he intended divorce by uttering the word "triple," it counts as one divorce.

Therefore, if the wife was insolent towards her husband in speech, the established fatwa with us is that she is divorced by triple repudiation and is irrevocably separated (baynunah kubra). According to Ibn Taymiyyah's view, if the husband did not intend to make the divorce conditional but intended to emphasize or prevent, he owes an expiation for breaking an oath and no divorce occurred. If he did intend to make the divorce conditional, one divorce occurred. Due to this difference of opinion, it is preferable to present the matter to a court or trusted scholars.

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Original fatwa ID
134235
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