What is the ruling regarding a man's statement to his wife, while angry: "If you go to your father's house, then you are forbidden to me, and divorced by three," along with his preventing her from going so that what he threatened her with does not occur?
If a husband makes his wife's divorce contingent upon her going to her father's house, then upon her going, she is divorced three times, and she is not lawful for him until she marries another husband. This is the view of the majority of scholars. However, Sheikh al-Islam Ibn Taymiyyah and his student Ibn al-Qayyim held the view that in a conditional divorce, one refers to the intention of the speaker. If he intended a threat and did not intend to effect a divorce, then nothing is binding upon him except an expiation for an oath. They also held that a triple divorce counts as a single divorce. For the sake of continuous connection between the wife and her family, they can visit her in her home. It is advisable to consult the nearest court, as the ruling of the courts resolves disputes.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/44086
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 44086
- 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
- Read the full answer on Ftawy