Does a divorce occur if a man says to his wife: "You are divorced if you go to your family's house," intending to intimidate and threaten her, while in a state of anger and verbal dispute?
Marriage is a strong covenant and a sign from among the signs of Allah. Anger is a door to evils and often a cause for divorce. If you uttered a contingent divorce and the condition upon which her divorce was contingent occurred, namely her going to her family's home, then the majority of scholars hold that the divorce takes effect, even if you intended only to threaten. However, some scholars are of the view that if the husband did not intend divorce, it does not occur, and he owes an expiation for breaking an oath. The adopted by us is the view of the majority. The intention or the reason affects an oath; so, if you intended divorce on a specific day or for a specific reason, it does not occur on any other day or after the reason ceases to exist.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 173402
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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