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Fatwa CenterHe said 'If I miss 'Isha prayers there will be 3 divorces to my wife'
Question
About three or 4 year ago, I missed and isha prayer and later on i said that if i miss isha prayers again there will be 3 divorces to my wife. since then i have not missed the isha salat. now the question is say if i am reading my isha salat and my wudhu breaks and i carry on performing my salah, would it fulfil the condition of performing the salah or would it be deemed as having missed the salah intentionally hence the ruling of 3 divor will come into effect? i am very confused as my wudhu keeps on breaking and i take about 1 hour to perform my normal namaz just because of the fear of the ruling not applying/ please note i said above condition three years ago in present tense
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
It is not permissible for a Muslim to continue performing the prayer after his ablution was invalidated, and his prayer in this case is not valid as he prayed without being in a state of purity. Abu Hurayrah 
narrated that the Prophet said: ''Allaah does not accept the prayer of one of you if his ablution is invalidated until he performs ablution.” [Al-Bukhari and Muslim]
However, if someone has inconsistency of urine or wind, and he does what is Islamically required from him, then the discharges that come out of him does not harm him even when he is performing the prayer. For more benefit on the incontinence of urine or wind, please refer to Fataawa 83492 and 86400.
As regards divorce, then the divorce that you mentioned in the present tense does not lead to divorce even if what you conditioned divorce upon takes place because it is a promise of divorce. This is of course if you did not intend by that to divorce your wife just by the occurrence of the thing on which you conditioned divorce. For more benefit, refer to Fatwa 92476.
It should be noted that the matter depends on your intention when you said “if I miss ‘Isha prayers”, so you act according to that intention because intention has an effect on oaths as stated by the jurists. For more benefit, please refer to Fataawa 85885 and 92149.
Allaah Knows best.
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