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The question

Does divorce take effect if the wife leaves after the husband says to his wife, "If you leave, you are divorced," with the phrase being repeated over two days, and the husband's intention is for her not to leave, while the wife's intention is to leave due to fear of the husband, and his behavior after her departure suggests his desire for her to leave?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

What happened on your part is that you made your wife's divorce conditional upon her leaving the house. Conditional divorce takes effect upon the fulfillment of the condition, according to the majority of jurists, whether the husband intended to pronounce divorce or merely to prevent. Sheikh Al-Islam Ibn Taymiyyah, however, held the view that only expiation is required if the husband intended prevention and not divorce.

However, if there was a specific reason for preventing her from leaving and that reason ceased to exist, and then you gave her permission, nothing will result from that. The wife's intention is not considered here, as the husband is the one who holds the power to dissolve the marriage bond.

It is incumbent upon both spouses to strive for family stability and avoid causes of discord.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
125838
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy