Does a divorce take place if a condition is stipulated therein, knowing that the husband did not intend divorce and was in a state of anger, and the wife is pregnant?
According to the majority of scholars, a conditional divorce occurs when the specified condition is met, whether the husband intended the divorce or not. There is another detailed view that considers a conditional divorce to be an oath, requiring only an expiation for an oath (kaffarat yamin), especially if the husband did not intend divorce upon the condition's fulfillment but rather aimed to threaten or prevent an action. To discern his intention: if the wife's continuation in the marriage is more beloved to him than her divorce upon the action's occurrence, then he did not intend divorce but rather an oath. However, if her separation is more beloved to him than her remaining in the marriage upon the action's occurrence, then he intended divorce. Pregnancy has no effect on whether the divorce occurs or not.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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