Does a divorce occur if you swore an oath of divorce that your wife would be divorced if she withdrew money from your account, and then you allowed her to withdraw, but she withdrew more than what was agreed upon, knowing that your intention regarding the last withdrawal was for her to withdraw whatever she wished?
If by the phrase, "If my wife withdraws any money from my bank account, she will be divorced," you intended it as a promise of divorce, then the divorce does not occur. However, if you intended to make the divorce contingent upon the withdrawal of money, then the divorce occurs upon her withdrawal of the money, according to your intention in making it contingent. If you intended to absolutely prevent her, then the divorce occurs upon her withdrawal of money, and you cannot retract it. But if you intended to prevent her at a specific time or without your permission, then the divorce does not occur if she withdraws the money at a time other than that specified, or with your permission. Sheikh al-Islam Ibn Taymiyyah holds that if one did not intend to effect a divorce, but rather intended to threaten or prevent, then divorce does not occur, and an expiation for an oath (kaffarat yameen) becomes obligatory upon him. It is advised to avoid making divorce contingent.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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