Is the wife divorced by the husband's statement: "If you leave your father's house without my permission, you are divorced," and then she leaves without his permission, and how can she be taken back?
The majority of scholars hold that conditional divorce takes effect if the condition is met. So, if the questioner conditioned his wife’s divorce upon her leaving her father’s house without his permission, and that occurred, then the divorce is effective. Since he has not consummated the marriage with her, she is irrevocably divorced with a minor separation, and she is not lawful for him except with a new contract. There is a less preferred opinion by Sheikh al-Islam Ibn Taymiyyah, who holds that the divorce does not occur if the intention was to prevent or threaten, and an expiation for an oath (kaffarat yamin) is sufficient.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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