Does divorce occur with the statement, "By Allah, you will not spend the night in it, and if you do, I will divorce you," in a state of extreme anger and not recalling the intention?
Your statement: "By Allah, you will not spend the night in it [meaning the apartment], and if you do, I will divorce you," combines an oath and a threat of divorce.
1. The Oath: Your statement "By Allah, you will not spend the night in it." If she does spend the night in the apartment, you are liable for an expiation for breaking an oath (feeding or clothing ten poor persons, or fasting three days if you are unable to do the former). 2. The Threat of Divorce: Your statement "and if you do, I will divorce you" is a threat. If she spends the night, you have the option to carry out your threat or not. This could be intended as a conditional divorce (meaning, if she spends the night, she is divorced), or merely as a threat and a prohibition (in which case its ruling is the same as that of an oath).
Since the words were spoken in a state of extreme anger, the divorce does not take effect, and you are only liable for one expiation for an oath.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 9287
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy