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Hanafi Fiqh

Conditional divorce

As-salāmu ‘alaykum
Hope you are well
I had a question about conditional divorce

The situation is, a brother with Tourette’s is married to a revert. Now at the beginning when his Tourette’s was not under control, he divorced her once. They are currently together but after the first divorce he put a condition down that if she ever drinks (alcohol) then they are over. His exact words were “if you ever drink then we’re over/we’re divorce” (he can’t remember which of the two he uttered) and his firm intention with that statement was divorce. Now recently some events have come to light and they’ve had an argument whereby she’s admitted she has drunk at least once. And other issues such as infidelity have also come to light. Now is the divorce that took place, as a result of the oath, the second divorce whereby they can redo nikah and have one last chance (raj’ee) or will it be a complete final divorce whereby the last two divorces have taken place and they can’t get back together anymore (baa’in) as he had a firm intention of divorce when making the oath??
These oaths were not written down into a contract of any form and the only people present at the time were the husband and wife in question.

Please do advise further, JazaakAllah Khairan

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