Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterCase of conditional triple divorce
Question
Assalaamu alaykum. My wife and I have been arguing on and off over the past few months. Two months ago, we had a really big argument, whereafter she forced me to take an oath in order to reconcile. It was a conditional divorce which she made me repeat after her - if I do something, at any time, which she thinks is wrong and hurts her or of which I know that it will hurt her, then Talaaq (divorce) x 3. I did something which she knew that I was going to do, and in order to prevent it, I kept asking her several times whether I could do it. Her stubbornness did not allow her to agree. I eventually did it, and now she claims that I have hurt her and that the marriage is over. Out of her stubbornness, this occurred because I kept asking her to agree with me, but she did not. Due to being pressured by my parents, I eventually gave in. Now my wife says that we are over. Is this a valid reason? She did this for her own gain and stubborness when I relentlessly kept asking for her permission and eventually gave in for my parents. Are we divorced now? If so, I said, "Talaaq x 3." Is this one divorce or three? Could you please help me?
Answer
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad 
is His slave and Messenger.
This wording is a type of conditional divorce; the majority of the scholars are of the view that if the condition takes place, then divorce takes place regardless of whether or not the husband had intended divorce.
Ibn Taymiyyah 
had a different view and chose the view that divorce does not take place if the husband did not intend it; please refer to fatwas 328318 and 323746.
Also, according to the view of the majority of the scholars, three divorces at once (in one session) takes place as three divorces, whereas Sheikh Ibn Taymiyyah is of the view that it takes place as one divorce only; please refer to fatwa 250336.
The view that we adopt here at Islamweb is the view of the majority of the scholars in both issues.
Moreover, according to the view of the majority of the scholars, it is not possible to revoke the conditional divorce, whereas Ibn Taymiyyah is of the view that it is permissible to revoke it. Please, refer to fatwa 321955.
Therefore, according to the view of the majority of the scholars, which is the view that we adopt here at Islamweb, if the condition upon which you conditioned divorce takes place, then it is an irrevocable divorce and your wife is not lawful for you unless she marries another man who really consummates the marriage with her and then he dies or divorces her. In that case, it would become permissible for you to take her back.
What you mentioned, that she acted for her gain and because of stubbornness, is of no consideration; as well as the pressure of the parents, then all this does not prevent divorce from taking place.
Finally, we like to point out that the spouses should be keen on having mutual understanding and not hasten to divorce or take it as a means to solve the problems between them.
Allah knows best.
Search Fatwa
Fatwa Subject
