Does a divorce take effect with the husband's statement: "Any pants you wear and I find that you have rolled them up, then you are divorced," if the wife had her pants rolled up at the time of reading the message? And is it necessary to inform him of this, knowing that informing him will increase problems?
The is that a conditional divorce occurs when the condition is met, whether the intention was to effect the divorce, or to threaten, or to emphasize. This is the view of the majority of scholars. Some, like Ibn Taymiyyah, held that if the intention was to threaten or emphasize, it does not occur, and an expiation for a broken oath (kaffarat ) becomes obligatory.
If the wife changed the style of the trousers immediately upon reading the message, then her divorce did not occur. However, if she continued to wear the trousers in the forbidden style, then the matter requires elaboration according to the husband's intention behind what he wrote, because the preponderant view is that intention in an oath specifies the general and restricts the absolute. Therefore, the issue must be presented to scholars known for their knowledge and religious piety.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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