What is the ruling on one who conditions divorce on something, and then that thing happens?
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Question:
I swore that my wife Tariq is divorced three times if she returns to smoking. What is the ruling if she returns to smoking again?
Answer:
If she returns to smoking, the divorce is pronounced three times. It is pronounced three times because you made the divorce conditional on a specific condition, and that condition occurred, so the consequence, which is the divorce, takes place. She becomes divorced with a major final divorce, because the third divorce renders a woman divorced with a major final divorce. She is not lawful for you again until she marries a husband other than you and he divorces her. This is not a case of facilitating remarriage (tahlil); rather, the purpose is that another man marries her out of desire. If he is satisfied with her and then divorces her, it becomes permissible for you to marry her. If he divorces her, meaning the third time,[Al-Baqarah 2:230].
I swore that my wife Tariq is divorced three times if she returns to smoking. What is the ruling if she returns to smoking again?
Answer:
If she returns to smoking, the divorce is pronounced three times. It is pronounced three times because you made the divorce conditional on a specific condition, and that condition occurred, so the consequence, which is the divorce, takes place. She becomes divorced with a major final divorce, because the third divorce renders a woman divorced with a major final divorce. She is not lawful for you again until she marries a husband other than you and he divorces her. This is not a case of facilitating remarriage (tahlil); rather, the purpose is that another man marries her out of desire. If he is satisfied with her and then divorces her, it becomes permissible for you to marry her. If he divorces her, meaning the third time,
then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah
فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللَّهِ
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم من علق الطلاق على شيء ثم حدث؟ للشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.