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Fatwa CenterDivorced His Wife Conditionally
Question
Sheikh I have 2 divorces already. I want to know if this conditional talaq counts a 3rd talaq. I do not let him touch me. I do not know should I live with him or no because he says this talaq did not count but when he said both conditional divorces the way he was acting and abusing me it seemed he wanted to divorce me so for following incident my questions are: Q1 what is the ruling if he insists this talaq did not happen based off his intention but I feel he lied about him intention and I feel the reason he said talaq did not count because he does not count talaq in anger and without witnesses? Q2; He forgot when he said the 2nd conditional talaq, can I trust his statement of intention?
Sheikh he abused me without any reason so I abused his mom. Then he said if u abuse my mom u r divorced. Later he said if u abuse me ever in life u r divorced. Then he started to abuse me continuously so I abused him and his mom in anger. He said talaq counted. After a week he said he was angry and talaq in anger or without witnesses is invalid. I refused him. After a week he asked me did u abuse my mom in anger or on purpose? I said: in anger. He said our conditional talaq did not count because I intended if u abuse my mom because u get angry or hurt talaq will not count; It will only count if u abuse on purpose to make me angry. Then I asked him about 2nd conditional talaq. He said I do not remember I said the 2nd conditional talaq but I am sure my intention was if u abuse because u were angry or hurt talaq will not count. 2 weeks before this incident he did say if u abuse mom I will say a conditional talaq; if u abuse her in anger, talaq will not count but it seemed clear when he said these condition he did intend talaq even I abuse in anger.
Thank you
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah and that Muhammad 
is His slave and Messenger.
Your question is not clear to us because the wording is not precise and there are some contradictions. However, according to what we understood from your question, we would say that according to the view of the majority of scholars, a conditional divorce takes place when its condition is fulfilled. This is so whether the husband had intended divorce or just wanted to threaten his wife.
However, some scholars are of the view that conditional divorce doesn't take place in case the intention was just to threaten her, and if the husband didn't comply with his divorce, then it is dealt with as an oath and he is only required to expiate for an oath.
Divorce uttered by a husband in a state of intense anger takes effect unless he couldn't control his mind and was unaware of his words. To read more about this, you can refer to the Fatwa 89850.
The presence of witnesses is not a condition for divorce to take place, according to the view of most scholars.
The intention of the husband is taken into consideration in specifying the condition of the divorce, if what he claims to be his intention can possibly mean the wording he used in the condition.
If the married couple didn't agree regarding their divorce, then the saying that will be considered is that of the husband, unless the wife is certain of the occurrence of three divorces, in which case she cannot live with him anymore and has to go away from him, and then come to agreement with him to end the contract with money she pays him (like the case of a Khul').
We advise you to consult a reliable scholar whose righteousness and whose knowledge you trust in Islamic centers or elsewhere in your country.
Allah Knows best.
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