Does divorce occur with the words "If you don't apologize now, you are divorced" spoken in a moment of anger and regret, and if it doesn't occur, when is expiation (kaffarah) due?
Anger does not prevent the occurrence of divorce unless it completely incapacitates the mind. A conditional divorce takes effect when the condition is met, according to the majority of scholars, whether the husband intended to enact the divorce or merely to threaten, etc. However, according to Ibn Taymiyyah, if he intended it as a threat and did not intend to enact the divorce, then the divorce does not occur, and an expiation for a broken oath (kaffarat ) becomes obligatory. Therefore, since the wife did not apologize within the specified time, the husband has broken his oath. The (religious ruling) that we adhere to is that the divorce has occurred, and the husband can take his wife back if this divorce does not complete the three divorces.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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