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Does a divorce take place if the husband says to his traveling wife: "You are divorced when we return to our country," and they do indeed return?

1 min readAlso available in العربية

If a husband tells his wife, "You are divorced when we return to our homeland," the divorce takes effect upon their return, because this is a pure contingency (taʿlīq maḥḍ) and is not intended to urge or prevent something. This differs from swearing an oath by divorce (al-ḥalf bi-al-ṭalāq), which is intended to urge or prevent something, and regarding which scholars have differed on whether divorce occurs. The phrase "You are divorced" is an explicit statement and does not accept the intention of a promise. Ibn Qudamah, Ibn Baz, and the Permanent Committee have clarified the difference between a pure contingency and an oath by divorce, where divorce occurs in a pure contingency immediately upon the fulfillment of the condition it is contingent upon.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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