Does the phrase "If you betray me, I'll be on one path and you on another," followed by the husband's "Okay," constitute a conditional divorce based on the husband's intention at the time to separate upon a second marriage or engaging in an illicit relationship, or based on the wife's understanding of the word "betray me," which later became broader? And does the wife's later statement: "Okay, only if you marry or engage in an illicit relationship," and the husband's reply: "If I marry someone else or have a physical relationship with someone, then we'll part ways," constitute a new conditional divorce or a retraction of the previous intention? And does the husband's oath: "By Allah, I will not betray you," without linking divorce to it, have an effect on the occurrence of divorce if violated?
Divorce is in the hands of the husband. The wife's statement, "If you betray me, you are on one path and I am on another," does not entail any legal consequence. As for the husband's statement, "If I were to marry someone else and engage in a physical relationship with them, then we would separate," this is a kinayah (allusion) of divorce. If he intended divorce by it, then it takes effect upon the fulfillment of the condition. If the husband swore by Allah to abstain from betraying his wife and then broke his oath, he must offer expiation for breaking an oath. Both spouses are obligated to cohabit amicably and to guard their private parts and gazes. A man is permitted to practice polygyny provided he treats his wives justly, and polygyny is not considered betrayal unless the wife stipulated in the marriage contract that he should not marry another.
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