Back to search

Does a divorce take place if the wife conceals something ordinary and minor in the future, based on the husband's previous statement to her: "If you conceal anything from me or deceive me, you are divorced"?

1 min readAlso available in العربية

The preponderant opinion with us is that a contingent divorce takes effect upon the occurrence of the contingency, whether the husband intended to bring about the divorce, to threaten, or to emphasize. The fatwa issued by us is that if you violate your oath, your divorce takes effect. Your violation depends on your intention. If there is no intention, then reference is made to the reason for the oath. If there is no reason, then reference is made to the apparent meaning of the wording.

If you do not recall your intention, it is apparent that the oath is interpreted based on its reason, which is the problem that existed between your wife and her brother. Thus, the intention would be that she should not conceal anything from you regarding that problem. If she informed you of everything that happened, then you have fulfilled your oath. If she concealed something from you, then you have violated your oath, and your divorce has taken effect.

If the divorce has taken effect and it is less than three divorces, then some scholars hold that reconciliation occurs simply by your having intercourse with her during her waiting period (iddah). However, if you are in doubt about the occurrence of the violation, do not pay attention to the doubt, and the divorce does not take effect thereby, because the default is the continuation of the marriage.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy