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Fatwa CenterRuling on taking an oath of divorce on something in the past
Question
My husband told me, “If some other man had kissed you before marrying me, then you are divorced, divorced, divorced.” Unfortunately, my ex-fiancé kissed me before, so is an oath of divorce on something in the past effective? If yes, is it one divorce; since it was uttered in the same session or is it an irrevocable divorce?
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.
This kind of divorce is a conditional divorce and is deemed valid once the condition is fulfilled. Such a divorce would be considered irrevocable if the husband intended each word of divorce that he had uttered to be a new divorce; hence, he would have divorced his wife thrice and it would be considered an irrevocable divorce. However, if the husband intended divorcing his wife while uttering the first word of divorce and uttered the second and third as mere confirmation, then it would be considered one single divorce.
Such cases should be referred to the Islamic authorities concerned that are competent to decide on these matters in the country of the questioner.
Allaah Knows best.
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