Does a divorce occur if the wife rides in the car that her husband swore she would be divorced if she rode in again, when his intention was to intimidate her?
Most scholars believe that if a husband makes his wife's divorce conditional upon an event, he cannot retract it. If the condition is met, the wife is divorced, whether the husband intended to effect a divorce or intended to threaten, confirm, or prevent. This is the we adhere to.
However, some scholars, such as Ibn Taymiyyah, believe that if the husband did not intend to effect a divorce by the conditional statement (but rather intended to threaten or prevent), then divorce does not occur when the condition is met, and he must pay the expiation for breaking an oath (kaffarat ).
Therefore, the fatwa we adhere to is that if the wife rides in the car after the husband made it conditional, it leads to her divorce, and the husband cannot retract it. However, according to Ibn Taymiyyah's view, if the husband did not intend divorce but rather prevention, he may permit her to ride, and divorce will not occur, but he must pay the expiation for breaking an oath.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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