Does divorce take effect if the husband made it contingent on an action, and his intention was not divorce, and he was in a state of anger?
If you condition divorce on your wife's action, and she does not perform it, then the divorce occurs, provided that anger has not deprived you of your reason. The divorce also occurs if you specify a time for her to perform the action and that time passes without her doing it, or if you do not specify a time and the last possible time for the action has passed. If the divorce is revocable and has not completed the count of three, you may reconcile with your wife before her ' expires. Some scholars, like Ibn Taymiyyah, are of the view that conditioning divorce as a threat does not bring about the divorce, but rather requires expiation for breaking an oath. We advise against conditioning divorce with the intention of threatening.
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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