What are the implications of a husband saying to his wife: "You are divorced, O [name], if you do anything behind my back or without my knowledge"?
The majority of scholars hold that a conditional divorce takes effect upon the fulfillment of the condition, regardless of whether the husband intended divorce or merely affirmation, urging, or prevention. This is the ruling given in fatwas. However, Sheikh al-Islam Ibn Taymiyyah is of the view that the divorce does not occur if the husband did not intend to make the divorce conditional, and he must pay an expiation for breaking an oath (kaffarat yameen). The preponderant opinion is that the determinant of what constitutes the condition is the intention. If there is no intention, then it refers to the reason for the oath. Therefore, the husband must be asked about his intention, and if he had no specific intention, then the reason for his oath should be considered. The husband is advised not to threaten with divorce and not to make life difficult for his wife.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 130998
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- . 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.
- Read the full ruling
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