What is the ruling of Islamic law concerning a husband who swore to his wife that if she were to leave the door, she would not return to the house, and they both left together? Does a divorce occur, and what is its expiation?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The majority of scholars hold that a conditional divorce takes effect upon the fulfillment of the condition. However, a husband's statement to his wife, "If you leave the door, you will not return to the house," is a 'kinayah' (allusion) of divorce, and divorce does not occur by it unless it is coupled with the intention of divorce. So, if the husband intended to effect divorce by her leaving, it occurs; otherwise, it does not. If it was the first or second divorce and the divorce occurred, he may reconcile with her before her waiting period (iddah) ends. But if it was the third divorce, she is not lawful for him until she marries another husband.
Summarized from the full answer at Ftawy · imported
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- 69518
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