Back to search
The question

Is a divorce effected by the husband's statement to his wife: "If you leave the house, you are divorced," without specifying a time, and then she leaves three days later and he is agreeable, knowing that this is the final divorce? And is a divorce effected by permanently preventing the wife from leaving?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

A conditional divorce takes effect if the condition it was contingent upon is met. Thus, your wife's departure from the house triggers her divorce. If you did not qualify the wording or the intention, then your wife would be divorced every time she leaves, leading to an irrevocable major divorce (baynunah kubra). Some scholars hold that if a conditional divorce was intended as a threat and not an actual divorce, then an expiation for breaking an oath (kaffarat ) is required when the condition is met. It is advisable to consult a court.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
109837
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