What is the ruling regarding a husband's statement to his wife, who fears the occurrence of divorce due to previous oaths, "That's it, go down to Egypt, and you are divorced," knowing that he was discussing with her the implications of the validity of her words about the divorce having occurred? And does this affect the continuity of the marriage?
The majority of scholars hold that a divorce suspended on a condition takes effect when the condition is met. However, some scholars, like Ibn Taymiyyah, are of the view that a suspended divorce has two scenarios: either the intent is for the divorce to occur, in which case a single divorce takes place; or the intent is to threaten or prevent, in which case an expiation for breaking an oath (kaffarat yamin) becomes obligatory. A divorce that has taken effect is revocable (raj'i), and the husband may take his wife back before her 'iddah (waiting period) expires if it was the first or second divorce. As for the last phrase, the matter depends on the husband's intention; if he intended to inform or discuss the previous divorce and did not intend to initiate a new divorce, then no divorce occurs. However, if he intended to initiate a divorce, then it takes effect. The common person's madhhab (school of thought) is that of their mufti, and they must ask the people of knowledge.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/103532
- Source platform
- Ftawy
- Original fatwa ID
- 103532
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy