What is the ruling on divorce if the husband stipulated to himself in a private paper, "If the husband assaults his wife physically, then divorce shall occur between them," and then he tore up that paper? Does divorce take effect upon the assault, or do they have the option of annulment and continuation? Is there a way out of this condition other than divorce?
If a husband intends to effect a divorce by physically assaulting his wife, the divorce occurs upon his assault, and he cannot revoke this condition. This is the view of the majority of scholars. However, if he only intended to promise a divorce, then no divorce takes place upon the assault. The permissible beating for a disobedient wife (nashiz) is a non-severe one, and it comes after admonition and desertion.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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