Does a wife become definitively and irrevocably divorced if she does not return to her home within forty days, based on a document written by the husband with the intention of compelling her to return, not with the intention of divorcing her?
Conditional divorce, according to the majority of scholars, takes effect upon the occurrence of the condition, regardless of whether it was intended as an oath, a deterrent, or an actual divorce. Ibn Hazm disagreed, holding that it does not take effect. Ibn Taymiyyah, however, offered a detailed view: if the conditional divorce has the meaning of an oath, it does not take effect, and an expiation for breaking an oath is required. Otherwise, it takes effect upon the occurrence of the condition. Based on this, the wife would be divorced if she does not return home within 40 days; if she does return, then there is no divorce. The rulings on this website are given according to the view of the majority, and then according to the view of Ibn Taymiyyah. This type of divorce is revocable, unless it is the third divorce, and the husband has the right to take his wife back as long as she is within her waiting period (iddah).
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