Back to search
The question

Does divorce take effect upon the wife's departure from the house, based on the husband's statement: "If you leave the house, then divorce will occur," and is the wife's re-invocation of the marriage (raj'ah) valid in Islamic law by her saying: "Indeed, I fear that divorce has already taken place, and therefore I re-invoke our marriage before Allah"?

Share this answer

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

If the wife is disobedient (nashiz), the husband should admonish her, then abandon her in bed, then strike her with a non-bruising blow. Threatening with divorce is not part of this. If a man says to his wife, "If you leave the house, there will be a divorce," and he intends to make the divorce contingent on her leaving, then divorce occurs upon her leaving, and his taking her back (restitution) is valid. However, if he does not intend for divorce to occur merely by her leaving, but rather it was a promise of divorce, then the marital bond ( عصمة - ismah) has not been affected by anything, and a promise of divorce is not a divorce by consensus.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
31233
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy