Is a divorce effective if the husband says to his wife, "You are divorced," after she interrupts him, knowing that he meant, "If I say it, then you are divorced"?
The husband's statement, "Then you are divorced," does not constitute a new divorce; rather, it relates to the first oath. An oath of divorce falls under the ruling of a conditional divorce. If the husband speaks to his mother about their marital relationship, divorce occurs according to the majority of jurists, whether he intended divorce or intended to urge or prevent. However, Ibn Taymiyyah holds that if the husband did not intend divorce, he is liable for an expiation for an oath, and divorce does not occur. We issue fatwas according to the opinion of the majority. One must be cautious about addressing marital matters with divorce, just as it is forbidden to disclose marital secrets related to intimacy. It is also forbidden to disclose other secrets if their concealment is requested or if their disclosure would result in harm.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 193092
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy