What is the ruling regarding a man saying to his wife, "You are divorced if you speak to your sister or see her outside your family's home," and then later permitting her to speak with her sister? Does divorce occur in this case, given that he frequently does this?
The we adopt is that suspending divorce on a condition necessitates its occurrence upon the fulfillment of that condition, and it cannot be retracted. This is the view of the majority of scholars. However, Sheikh al-Islam Ibn Taymiyyah holds that whoever intends divorce with his oath has the right to retract it. But for one who did not intend divorce, rather intending threat or emphasis, divorce does not occur; instead, he is liable for an expiation for an oath (kaffarat ).
Therefore, if the wife spoke to her sister, divorce occurs. However, if the wife did things upon which the husband suspended divorce, interpreting them as not causing its occurrence, then the more probable view according to us is that divorce does not occur, based on the statement of Ibn Taymiyyah: "One may do that which was sworn upon forgetfully, or by interpretation, or one may have refrained for a reason, and that reason ceased, or one may have sworn believing it to be of a certain description, and it turned out to be otherwise. These categories, according to the stronger view, do not result in divorce."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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