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The question

Does a divorce occur with the husband's statement: "By Allah, if you go out to the market, you are divorced," if the wife has already gone out but the husband does not yet know about it?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that a conditional divorce occurs upon the fulfillment of the condition, and this is the most preponderant opinion. What was mentioned might mean that the husband intended your going out to the market in the past or the future, and that he intended to know about your going out or for the divorce to occur simply by your going out. The divorce occurs according to the husband's intention, because an oath is based on the intention of the one swearing it. If a divorce occurs, the husband may take you back before the completion of the iddah, provided that this divorce does not complete the three divorces. Sheikh Al-Islam Ibn Taymiyyah holds that an expiation for an oath is required if the husband did not intend divorce. You must ask your husband about his intention. Regarding a wife lying to her husband for a legitimate religious interest, such as fear of divorce, its ruling should be referred to in the mentioned fatwas.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
121379
Imported
Translation status
Source text, unreviewed
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