Is a woman considered divorced based on her husband's statement, "If you come to know or love someone else while you are married to me, you are divorced from me," especially since she did come to know and love another person without committing any wrongdoing? What is the ruling on him living with her, and is she forbidden to him? What should she do if that is the case? And what is the fate of their child in the event of a formal divorce?
The husband's statement to his wife: "If you come to know or love someone else while you are married to me, then you are divorced from me" is a conditional divorce that takes effect when the condition is met, according to the majority of jurists. Some jurists hold that if the husband intended a threat, he must offer expiation for a broken oath (kaffarat ). However, in most cases, the husband intends divorce. The wife committed a forbidden act and betrayed her husband by getting to know a non- man. She must repent, sever ties with him, and inform her husband of what happened, because if he intended divorce, then it has occurred. If he does not take her back during her ' (waiting period), she is not permissible for him except with a new marriage contract. If the transgression occurred during the 'iddah, then reconciliation is possible. If the 'iddah has expired, she is not permissible for him except with a new marriage contract. The wife must blame herself, repent to Allah, and entrust her affairs to Him, for her husband's heart may soften. If a new marriage contract becomes necessary, discretion should be exercised as much as possible, without informing the guardian or witnesses about the reason for the divorce.
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