Does the divorce, sworn to by the husband, not to take his wife to her family's home, occur if he then forgot and took her?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The majority of scholars hold that a conditional divorce takes effect upon the fulfillment of the condition. However, Shaykh al-Islam Ibn Taymiyyah is of the view that an expiation for an oath (kaffarat ) is due if the husband did not intend the divorce. If the husband swore by divorce that he would not drive his wife home, and then he drove her home forgetfully, the divorce does not take effect. This is the more preponderant opinion chosen by Shaykh al-Islam Ibn Taymiyyah and Ibn al-Qayyim. Therefore, you remain under your husband's marital bond, and what occurred is not considered a third divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/117212
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 117212
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy