What is the ruling on someone who said to his wife, "Do such-and-such, and you are divorced," meaning to say, "If you do such-and-such, then you are divorced," bearing in mind that he did not intend divorce by it?
If a man says to his wife: "Do such-and-such, and you are divorced," intending to suspend the divorce upon her action, then she is not divorced unless she performs the act upon which the divorce was suspended. Scholars have differed regarding the ruling on divorce suspended upon a condition. The majority of them hold that it takes effect upon the fulfillment of the condition, whether the husband intended divorce or intended emphasis or threat. This is the (ruling) that is adopted. Some scholars, like Sheikh al-Islam Ibn Taymiyyah, are of the view that swearing by divorce with the intention of emphasis does not result in divorce; rather, the one who swore must offer an expiation for breaking an oath.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/149082
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 149082
- 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