What is the ruling regarding a man's statement to his wife: "If you do not come at the appointed time, then I am divorced from you," with this situation being repeated, and then his statement: "If you go out, then you are divorced," and she went out?
When a man says to his wife: "I have placed the 'ismah (right to divorce) in your hand" or "The 'ismah shall be in your hand," it is akin to delegating to her the power over her own affairs. This is valid, and she has the right to divorce herself.
Scholars differed regarding the conditionality of this delegation: - The Shafi'is: Stipulated that the woman must choose divorce immediately within the same session. They held that delegating the right to divorce conditionally is not valid. So, if he said, "If tomorrow comes, then divorce yourself," it is considered void. - The Hanafis, Malikis, and Hanbalis: Permitted conditional delegation.
The preponderant opinion is that of the Shafi'is, based on the understanding that delegation is an act of transferring ownership of the divorce, and transferring ownership does not accept conditions. However, if the delegation is in the form of agency, then there is a strong argument for the permissibility of making it conditional.
If the wife does not act at the specified time upon which the divorce was made conditional, then the divorce does not occur, according to the preponderant opinion of the Shafi'i school.
Regarding the last two divorces: The majority of scholars hold that they are binding even if the intention behind them was mere threat. Shaykh al-Islam Ibn Taymiyyah, however, held that if divorce is made conditional with an intention other than actual divorce, then an expiation for a broken oath (kaffarat yamin) is required.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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