What is the ruling on a husband's suspension of divorce upon a specific action that cannot be avoided, and what should the wife do if she believes that the condition has occurred, while her husband is not certain of its occurrence?
If the wife's suffering is caused by obsessive doubts (waswasah), she should disregard them and take the matter lightly.
The wife must avoid whatever the husband conditioned the divorce upon. She is not obligated, Islamically, to ask him about his intention, due to the hardship, difficulty, and excessive scrupulosity (tanattu') involved, which is prohibited, as the Prophet (peace be upon him) said: "The extremists are doomed." The husband knows his own intention best, and his statement is considered valid in case of dispute. His sin is upon him if he intended divorce.
Marital problems should be overcome with wisdom, and causes of discord should be avoided. Divorce is not a means to solve problems; rather, dialogue, understanding, and respect should prevail.
If a divorce occurs and it is revocable (the first or second), the husband can take his wife back directly without a new contract, either by an explicit statement or by an implicit one with the intention of reconciliation. It is recommended to have witnesses for the reconciliation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 194785
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy