Is a divorce effected if a man says to his wife: "If you leave, she is divorced," intending to prevent her from going to a neighbor's house, and then he hits her and orders her to go to her family's house without intending divorce, and she complies?
If the anger does not lead to a loss of consciousness, then any divorce or other pronouncements made are considered valid. The majority of scholars hold that a conditional divorce takes effect if the condition upon which it was made is met. However, some scholars are of the view that the divorce does not take effect if the wife leaves without knowledge of the condition, or if the act on which the condition was placed was done out of forgetfulness, ignorance, or compulsion, whether the act was for oneself or for another. It is necessary to avoid the causes of anger and to regularly recite the prescribed remembrances (adhkar).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 117901
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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