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The question

Does divorce take effect with the statement: "Divorce be upon me if you do not go home today before sunset?" Then: "If you do not go home before 'Isha', I will come back from my trip within ten or fifteen days and divorce you, and if you decide to go to our house, be prepared that I will hit you, and blood will come out of you if you make a mistake and do not go to your father's house again," with the intention of divorce if the condition is met, and she returned after 'Isha'? And does divorce take effect if he does not hit her and no blood flows, or if she goes to her father's house later? And what should he do while traveling to retract the oath and take her back? And is repeating the statement considered once or twice, and is retracting the timing (before sunset then before 'Isha') considered once or twice?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

We understand that you swore an oath of divorce upon your wife that she must return home at a specific time, otherwise you would punish her, including divorce. Your wife broke the oath by not returning at the appointed time, and consequently, you divorced your wife with one pronouncement. The divorce here is either due to the breach of the divorce oath or by your direct pronouncement of divorce. The oath is dissolved upon the occurrence of the divorce.

We draw attention to the fact that striking has specific Shariah regulations. Since the divorce has not reached three pronouncements, you can take your wife back before the expiration of her waiting period merely by saying: "I have taken my wife back." We advise you to present this matter to trustworthy scholars.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
143050
Imported
Translation status
Source text, unreviewed
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