Does a conditional divorce, contingent on the wife performing an action without the husband's knowledge, take effect if the husband had previously given his wife permission to perform that action whenever she wished, without his knowledge, after he retracted his condition of requiring his knowledge, taking into account the view of the majority of scholars, and is the wife excused if she performs the action upon which the divorce was conditioned out of forgetfulness?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If a man makes his wife's divorce contingent upon her doing something without his knowledge, and then he permits her to do it whenever she wishes, then his oath is dissolved, and no divorce occurs if she does that thing later without his knowledge. However, if the wife does the thing upon which the divorce was contingent forgetfully, the preponderant opinion is that no divorce occurs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 182870
- 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