Is expiation for an oath required and does divorce occur if the wife goes to see her friends after her husband, in a state of anger, told her: "If you go to see your friends, then you are divorced"?
Anger does not prevent a divorce from occurring unless it reaches the point of losing one's sanity. A conditional divorce takes effect upon the fulfillment of the condition. This is the view of the majority of scholars.
So, if the wife goes to see her friends, the divorce occurs, no expiation is required, and retraction is not beneficial. If this divorce does not complete the three divorces, the husband may take his wife back before the expiry of her (waiting period).
Some scholars, such as Sheikh Ibn Taymiyyah, hold the view that a conditional divorce not intended to effect a divorce but rather to threaten, is treated like an oath by Allah. If the condition is violated, an expiation for an oath becomes necessary, and no divorce occurs. He also holds that if someone intended to effect a divorce upon the fulfillment of the condition, he may retract the condition, and neither expiation nor divorce is required of him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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