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The question

What is the ruling on saying: "By divorce, she will not return to her [the sponsor]," with the intention of transferring the maid's sponsorship and avoiding problems, then wishing to keep her in response to the father's request, and does divorce occur by that?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that a conditional divorce takes effect upon the fulfillment of the condition, and this is the preponderant opinion. If you swore by divorce that the maid would not return to your grandmother's house, and she did return, then the divorce has occurred according to the majority of scholars. You may take back your wife before her ' (waiting period) is complete, provided this divorce does not complete the three divorces. Shaykh al-Islam Ibn Taymiyyah differed, saying that an expiation for an oath (kaffarat ) is required if divorce was not intended, but the preponderant view is that of the majority.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
118927
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy