Does the divorce take effect with the words "You are divorced if you are an enemy to me" said in a moment of anger, and is it confirmed by saying "By divorce, you are an enemy to me"?
The husband's statement to his wife: "You are divorced if you are an enemy to me" is a conditional divorce based on a matter known only by the wife. If the wife admits that she is an enemy to him, she is divorced. If she denies it, no divorce occurs, because the general rule is that what divorce is conditioned upon, if it is something known only by her, depends on her informing about it. As for his statement: "By divorce, you are an enemy to me," if he swore truthfully according to his assumption, he has not broken his oath. But if he swore falsely and intentionally, his divorce takes place according to the majority of scholars, but not according to Sheikh al-Islam Ibn Taymiyyah. Given the detail and differing opinions on this issue, it is advisable to present it to trustworthy scholars in the questioner's country.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/177398
- Source platform
- Ftawy
- Original fatwa ID
- 177398
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy