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Is the wife forbidden to the husband if he becomes negligent in his prayers after having sworn by divorce to maintain them, this being under the pressure of intense fear and seeking salvation from an embarrassing situation?

1 min readAlso available in العربية

The issuance of words of prohibition (tahrim) and divorce (talaq) by the husband, even in a state of extreme fear or obsessive doubts (waswasa), does not prevent their legal consequences from taking effect, as long as the husband is aware and conscious. The husband's statement "talaq" (divorce) in an indefinite form and without attributing it to the wife, is considered among the expressions of divorce. Scholars have differed as to whether it is an explicit (sarih) or implicit (kinayah) utterance. If considered explicit, it does not require an intention (niyyah) and takes effect with the utterance itself if the suspended condition is met. The majority of scholars hold that a divorce suspended on a condition is a conditional divorce that takes effect when its condition is fulfilled.

A divorce conditioned on safety from a gunshot wound, while maintaining congregational prayers and abandoning masturbation, takes effect if safety is achieved and its perpetrator becomes negligent in congregational prayers or masturbates. Prohibition (tahrim) and the oath of divorce are not things that benefit a person in calamities or deliver him from hardships. Rather, the oath of divorce is an act of the dissolute, and prohibition and zihar (analogizing one's wife to an unmarriageable relative) are reprehensible statements. The way to salvation in hardships is to persevere in acts of obedience and abandon abominations during times of ease.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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