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Would the wife be divorced if her children went to their maternal uncle without her knowledge, given that the husband made the divorce conditional on the children going to their maternal uncle?

1 min readAlso available in العربية

What happened with the man is that he made his wife's divorce contingent upon her going to her brother's house or her children going to their maternal uncle's house. The divorce takes effect if the children go to their maternal uncle's house, according to the meaning intended by the father at the time of the contingency. If he intended to divorce her by their going with her knowledge, then the divorce does not take effect if they go without her knowledge, as the intention specifies the oath.

According to the majority of jurists, the divorce takes effect upon the occurrence of the breach, even if the husband intended merely to threaten. Ibn Taymiyyah, however, holds that it does not take effect, and the husband is liable for an expiation for breaking an oath. The husband should not prevent his wife from visiting her brother or the children from visiting their maternal uncle, except for a valid reason. It is preferable to avoid using divorce pronouncements.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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