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Does divorce take effect in the cases mentioned, given that the husband did not intend divorce, or did he condition divorce on an action taken by the wife?

1 min readAlso available in العربية

If a husband orders his wife to gather her belongings or leave the room, and threatens her with divorce without intending to actualize it, then divorce does not occur, because it is a form of threat and not a condition. "A promise of divorce does not take effect, no matter how numerous its pronouncements." If the phrasing could be interpreted as either a promise or a condition, it is a kinayah (allusion) by which divorce does not occur except with intention, and the husband's statement is the basis for his intention. However, if the husband intended divorce and made it contingent upon her not doing something, then it occurs if she does not do what the divorce was contingent upon, and that is according to his intention regarding the timing, for "an oath is based on the intention of the one swearing it." It is advisable to consult with scholars to verify the husband's intention.

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

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