What is the ruling regarding a man's statement to his wife in a moment of anger: "You are divorced if anything happens to your belly," or "You are divorced if anything happens to that which is in your belly," knowing that his intention was to scare her?
Anger that does not completely remove one's senses does not prevent a divorce from occurring. A conditional divorce, dependent on a condition, takes effect when that condition is met. This is the view of the majority of scholars. However, Shaykh al-Islam Ibn Taymiyyah held that a conditional divorce intended as a threat does not take effect, and instead, an expiation for breaking an oath is required. Therefore, if you broke your oath, your wife is divorced. If this divorce does not complete the three divorces, you may take her back during her waiting period ('). Intention in an oath specifies the general wording. If you intended to make the divorce conditional on intentional abortion, then you have not broken your oath if the miscarriage occurred unintentionally. We should note that abortion is not permissible unless the continuation of the fetus's presence poses a danger to the mother's life.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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