Is the wife considered divorced if the husband said to his wife: "If your family comes to take you, then consider yourself divorced," and she did not understand his intention and her uncle took her, and then he said to the wife's aunt: "If my wife does not go with me, then let her consider herself divorced," and she did not inform them, and the husband took his wife after four days? And is an expiation for an oath required?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the situation is as you described, then you have not broken your oath, and your divorce has not occurred by her uncle taking her from your house, as long as you intended by "her family" her father and her brother, but not her uncle; because intention in an oath specifies the general. As for conditioning divorce on her not returning with you from her family's house at a specific time, and she did not return because she was unaware of the condition, the preponderant opinion is that divorce does not occur thereby. It is advisable to avoid threatening with divorce and to use wisdom and legitimate means of reconciliation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 161195
- 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.
- Read the full ruling
- Read the full answer on Ftawy