Conditioning the divorce on something which has already occured

30-9-2007 | IslamWeb

Question:

my husband has utter the conditional divorce words as 'if since last month till the last breath of your life you visit your sister, then you are talak three'. actually I have visited my sister a week ago, but during that time I did not know this condition which he only mention after I have done the visit. My question here, am I already divorced?

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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.

 

As we understood from the question that your husband conditioned the divorce on something which has already occurred i.e. visiting your sister. If this is the case then this is a finalized divorce, and not a conditional divorce, so it is effective.

As for pronouncing three divorces in one word, the scholars have different opinions whether they are three divorces or only one divorce. The details are mentioned in Fatwa 82330.  We, in Islamweb, adopted the opinion that all the three divorces. Therefore, your divorce is irrevocable from your husband.

However, as you can see, the issue is controversial, so if you want to refer to an Islamic court then you may do so.

Allaah Knows best.