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The question

Is the wife considered divorced if her husband said to her: "If you go down these stairs again without my knowledge or permission, consider yourself divorced," and then she went down two steps, forgetting, before asking his permission and continuing her work?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The husband's statement "consider yourself divorced" is a metaphorical expression (kinayah). A divorce takes place if the husband intended divorce when the condition it was contingent upon occurred. The reference for determining what the husband made the divorce contingent upon is his intention. So, if he intended to prevent leaving the house, then divorce does not occur except by leaving. If he intended to prevent going down the stairs absolutely, then he would break his oath simply by going down. If you did what your husband made the divorce contingent upon forgetfully, scholars have differed regarding the occurrence of divorce in this case. Some verified scholars (muhaqqiqin) have leaned towards it not occurring, and this is the madhhab of Ash-Shafi'i, a narration from Ahmad, and the choice of Ibn Taymiyyah and Ibn Al-Qayyim, who argued that whoever swears an oath regarding an matter and does it forgetfully, unknowingly, or under duress, does not break their oath. Based on this opinion, the aforementioned divorce does not occur. It is advisable to be careful not to go down without the husband's permission, and the husband should avoid using divorce pronouncements for threats.

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Ftawy
Original fatwa ID
129013
Imported
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Source text, unreviewed
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