What is the ruling regarding a husband telling his wife: "If you go out, you are divorced," repeating this three times, and then, during another dispute, telling her: "If I bring you back home, you are divorced"? And is expiation (kaffarah) required for this oath?
A Muslim must avoid using divorce in family disputes, as its excessive use is a manipulation of the Book of Allah. The Prophet, peace and blessings be upon him, considered anyone who divorces his wife three times at once to be manipulating the Book of Allah.
A conditional divorce depends on the husband's intention: if he intended divorce, it occurs upon the fulfillment of the condition. If he did not intend divorce but only intended prevention, then its ruling is that of an oath, and an expiation for an oath is due if he breaks it, and the divorce does not occur. The preponderant opinion is that if divorce is used like an oath, its ruling is that of an oath, and an expiation for an oath suffices.
If the husband intended divorce by saying, "If I take her back," and his intention was not to take her back himself but that there is no impediment for someone else to take her back, then divorce does not occur if someone else takes her back. If his intention was for divorce to occur in all cases, then upon her return, a revocable divorce occurs (if it was the first or second), and he can take her back during the waiting period.
The degree of the husband's anger at the time of uttering the divorce must also be considered.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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