Does the phrase "If you do not return home, then my wife is divorced" constitute a divorce, knowing that the husband had previously divorced his wife twice, and the father returned home two days after uttering the phrase?
If a husband suspends his wife's divorce on his father not returning home, and the father does return: If the husband intended his return to be immediate or within a specific period, and the father did not return until that specified time elapsed, then the divorce, according to the majority of scholars, has taken place. However, Shaykh al-Islam Ibn Taymiyyah holds that an expiation for an oath (kaffarat ) is due if the husband did not intend divorce but rather a threat. If the divorce occurs, the wife is not lawful for her husband until she marries another husband out of desire. If the husband did not specify a time for the father's return, then the divorce does not occur regardless of when he returns.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 137576
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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