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The question

Does divorce occur if the husband says to his wife: "If I ever hit you again, consider that there is a divorce between us," and then he hits her again, and what are the rulings that result from that?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that attaching divorce to a condition brings about the divorce upon the fulfillment of that condition, whether the husband intended to enact the divorce or merely to threaten. This is the prevailing fatwa. However, Sheikh al-Islam Ibn Taymiyyah is of the opinion that divorce does not occur if the husband did not intend to enact it, and that he is only required to offer an expiation for breaking an oath (kaffarat yamin). The intention of the swearer is considered in an oath. So, if the husband intended by his oath only the day he swore it, then he does not break his oath by striking you on another day. In this matter, the husband's word is taken, as he knows best his own intention. The summary is that the divorce did not occur. It is incumbent upon both spouses to live together amicably. The husband may discipline his wife through admonition, then by boycotting her in bed, and then by non-violent striking, but refraining from striking is preferable.

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Ftawy
Original fatwa ID
142580
Imported
Translation status
Source text, unreviewed
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