unlike, for example, when he forbids her to commit an indecent act, a betrayal, or an injustice, saying, “If you do it, you are divorced.” Although he dislikes divorcing her, if she commits that wrongful act, divorcing her is preferable to him to remaining with her under such circumstances. In this case, the divorce takes effect. It is established that the Companions gave effect to conditional divorce when the husband intended it to take effect upon fulfillment of the condition, just as they held him bound by a vow. This differs from the case of someone who merely intends an oath.
Someone who intends an oath wants neither the condition to be fulfilled nor the stipulated consequence to occur, even if the condition is fulfilled. For example, he might say, “If I travel with you, my wives are divorced, my slaves are free, my wealth is pledged in charity, I am bound to perform Hajj ten times, and I disavow the religion of Islam,” or similar words. It is known with certainty that he does not intend these consequences to become binding upon him, even if the condition is fulfilled. Such a person is taking an oath. Thus, in all conditional formulations, a distinction must be drawn between someone who intends the stipulated consequence to take effect and someone who intends an oath.
If a man divorces his wife with immediate effect, or makes the divorce conditional upon a circumstance in which he intends it to take effect, the divorce takes effect provided it is lawful: that is, he pronounces a single divorce during a period of purity in which he has not had intercourse with her, or while she is pregnant and her pregnancy has become evident.
As for unlawful divorce—such as divorcing her during menstruation, or during a period of purity after having intercourse with her but before her pregnancy becomes evident—there is disagreement concerning it. The more evident view is that it is not binding, just as an unlawful marriage and similar acts are not binding. Combining three divorces is unlawful according to the majority of scholars.
If he pronounces three divorces, do all three count, or only one? There are two views, the more evident being that only one counts. We have discussed these issues at length elsewhere. And Allah knows best.