Does a divorce occur in the event that the husband said to his wife: "If you leave the room and go to them, you are divorced," and then the wife left the room due to the husband's mother fainting, bearing in mind that the husband does not remember what he said?
Most scholars believe that if a husband makes his wife's divorce conditional upon an event, she is divorced when that event occurs, regardless of whether he intended to effect a divorce or merely to threaten and prevent. This is the we adopt.
However, Sheikh al-Islam Ibn Taymiyyah holds that the divorce does not occur if the husband did not intend to effect it, and he must offer an expiation for breaking an oath.
Therefore, according to our fatwa, your divorce occurred when you went out and entered upon his family. If your husband had not previously divorced you more than once, then your return to him (reconciliation) occurred through his conjugal relations with you, even if he was unaware that the divorce had taken place. We advise presenting the matter to a court or to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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