Does a divorce take place upon saying, "Your sister will be divorced if we do such and such," and "such and such" is done by the brother, without the wife's knowledge and with a slight attempt to prevent it?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
What occurred is that the wife's divorce was made contingent on the act of smoking. The majority of jurists hold that if the condition upon which the divorce was suspended is met, the divorce takes place. The husband's prohibition or the wife's lack of knowledge does not affect this, because the divorce is not contingent on her action. Some scholars, however, are of the view that a contingent divorce, if intended as a deterrent, does not take place. This is stated with an emphasis on the impermissibility of smoking and a warning against weakening marital life by exposing it to divorce for the slightest reason.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/157560
Where this answer came from
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- Ftawy
- Original fatwa ID
- 157560
- 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