Does divorce take effect if you say to your undivorced wife: "You are divorced if you intended, by the words you uttered, that I divorce you," then she replies that she did not intend divorce, knowing that you did not intend divorce but rather to discipline her?
If the situation is as described in the question, then a conditional divorce does not occur unless the condition upon which it is suspended is met. Since this condition has not been met, the wife remains under the husband's marital bond. The majority of scholars hold that a conditional divorce takes effect when the condition is met, even if the husband did not intend divorce. However, Sheikh Al-Islam Ibn Taymiyyah held that an expiation for breaking an oath is due if the husband did not intend divorce but merely a threat. Initiating a conditional divorce is disliked.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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