Does divorce occur if the wife leaves for a necessity (to assist her unconscious sister) without informing her husband, knowing that he had previously told her: "If you leave your family's house without my knowledge, then you are divorced"?
If a man says to his wife: "If you leave your parents' house without my knowledge, then you are divorced," and she leaves, the ruling depends on the details:
1. Forgetfulness: If she left forgetfully, oblivious to the matter, the preponderant view is that divorce does not occur because she did not intentionally violate the condition. 2. Intent and Deliberation: If she left remembering the divorce, and the husband intended divorce by it, a single divorce (talaq) occurs. 3. Intention of Prevention: If she left remembering, and the husband did not intend divorce but only intended prevention, then divorce does not occur, and he is obligated to offer an expiation for a broken oath (kaffarat yamin): feeding ten poor people or clothing them, or fasting three days for those who cannot afford the former.
There are two fundamental principles in this matter: If the action upon which divorce was conditioned occurs due to forgetfulness, divorce does not occur. If the husband intended by the conditional divorce to urge or prevent, and did not intend divorce itself, then it is an oath, and expiation is required upon breaking it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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