Does a divorce occur if a man does something he swore to avoid by a divorce-suspension formula, yet he did not intend divorce but rather to prevent himself from doing it?
The majority of scholars, including those of the four Madhhabs, are of the view that a conditional divorce takes effect upon the fulfillment of the condition, and there is no difference whether the husband intended the divorce or not. If you do the thing upon which you conditioned the divorce, then the divorce has occurred. You may reconcile with your wife before her ' (waiting period) ends, provided this divorce does not complete the three divorces. Shaykh al-Islam Ibn Taymiyyah and those who agreed with him differed, holding that an expiation for a broken oath (kaffarat ) is required if the husband did not intend divorce but rather intended to prevent an action. However, the preponderant opinion is that of the majority of scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/118924
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 118924
- 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