Does divorce take effect if the husband said to his wife: "If you leave the room, you are divorced," and the wife did not leave it at that moment, but she left it thereafter, while the husband claims that he intended a specific time which he did not mention?
The husband's statement, "If you leave the room, you are divorced," is considered a conditional divorce that takes effect upon her leaving the room, unless the husband intended only to prohibit and threaten, without intending divorce. In that case, it falls under the ruling of an oath, and no divorce occurs. If the husband intended to restrict this to a specific time (such as during his anger, or for an hour, or until things calm down, or until he leaves first), then his intention is valid, and if the wife leaves after that time, nothing affects her. The fundamental principle is that intention is valid in this matter, specifying the general wording and restricting the absolute, provided that it accompanies the utterance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 9312
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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