Does a conditional divorce take effect if the wife remembers that the husband said "you are divorced" when he made it conditional on a certain action, while the husband remembers that he said "you are free" and had no intention of divorce, but rather intended to prevent his wife from doing that action?
A man's statement to his wife, "If you go, then you are divorced," is a conditional divorce. Some scholars hold the view that in such a case, the husband's intention should be considered. If he did not intend divorce but rather intended to prevent her from leaving, then this falls under the ruling of an oath, and he is obligated to offer an expiation for an oath (kaffarat ) if she goes. This is the that is acted upon. Accordingly, if the husband claims he did not intend divorce, then no divorce occurs, and he is obligated to offer an expiation for an oath. As for an explicit, immediate divorce, it does not depend on the husband's intention, and the woman must account for it even if the husband forgets it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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