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Does a divorce take place if the wife goes to a condolence gathering despite her husband's saying, "You are divorced if you go," and is it permissible for the husband to prevent his wife from offering condolences to her family?

1 min readAlso available in العربية

The man's action was to suspend his wife's divorce on her going to the mourning ceremony. Since she went, the divorce has occurred, according to the majority of scholars, which is the opinion we follow. The fact that the husband was unaware of her going does not prevent the divorce from occurring. Reconciling takes place by action, even without intention, according to the most correct opinion. If this divorce was revocable (raj'i) and the man had conjugal relations with his wife before the 'iddah (waiting period) expired, it is considered a valid reconciliation. As for the custody of the children after divorce, the general rule is that it is the mother's right unless she remarries or there is an impediment. If this was not the third divorce, the husband can reconcile with his wife without a new marriage contract as long as she is within her 'iddah. If the 'iddah expires, a new contract is necessary. The husband should not prevent his wife from visiting her family and offering condolences unless it leads to a clear harm. It is imperative to be cautious about using divorce pronouncements as a means to resolve marital problems.

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

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