Does divorce occur if a man says to his wife: "If you speak to so-and-so, you are divorced," intending thereby to threaten and prevent her, and she then speaks to her?
Most scholars hold the view that tying a divorce to a condition brings about the divorce upon the fulfillment of that condition, regardless of whether the husband intended to effectuate the divorce or merely intended a threat, emphasis, or prevention. This is the authoritative .
Some scholars, like Ibn Taymiyyah, are of the opinion that if the husband did not intend to effectuate a divorce by the condition, but rather intended a threat, emphasis, or prevention, then the divorce does not occur; instead, he is obligated to pay the expiation for breaking an oath (kaffarat ).
Accordingly, the divorce has occurred by the wife speaking to the woman. If this pronouncement does not complete the three divorces, then the wife can be taken back before the expiration of her waiting period ().
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.
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