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The question

Does the oath of divorce take effect if the suitor (who wrote the marriage contract) says to his fiancée: "If you go to the wedding, consider yourself divorced," and then he calmed down and told her: "Go," or is it considered void, and what must they do so that it does not take effect?

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

A husband's statement to his wife: "Consider yourself divorced" is one of the allusions to divorce. If the husband intended it to be a suspension of divorce contingent on the wife attending the wedding, then if she attends, the divorce occurs. Repudiating this suspension is not beneficial according to the majority of scholars. However, Ibn Taymiyyah holds the view that repudiating it and nullifying the suspension is valid. But if the husband did not intend to effect a divorce, but rather intended a threat, a prohibition, or a promise of divorce, then no divorce takes place in this situation, whether the wife refrains or not, and whether she attends the wedding or not.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
171146
Imported
Translation status
Source text, unreviewed
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