Does a divorce occur by the husband's saying to his wife, "If you betray me, you remain divorced," if, after the oath, betrayal is interpreted as a physical relationship, or a heartfelt admiration, or sending personal pictures to a non-mahram with the intention of enticement?
A husband should guard his tongue regarding divorce. His statement to his wife, "If you betray me, then you are divorced," is a conditional divorce (ta'liq) dependent on the occurrence of betrayal, by which he meant her accompanying a strange man, going out with him, or him holding her hand. It is not permissible to pry into a wife's private matters or search for her mistakes. Rather, one must think well of her and avoid suspicion about her unless there is a clear cause for suspicion, for there is a type of jealousy that Allah dislikes, which is jealousy without a valid reason. All that was mentioned in the second scenario that does not fall under the defined meaning of betrayal does not result in divorce. The advice is to think well of one's wife and to refrain from excessive contemplation of divorce to avoid the whispers of Satan.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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