Is the wife divorced if the husband says, "If you spend the night at your family's, then you are divorced," and he intended 'sleeping' by 'spending the night', while she stayed up all night with them without sleeping, taking into account that 'spending the night' (al-baytutah) linguistically means the passing of the night, whether with sleep or without, as in His (the Almighty's) saying: "And those who spend the night prostrating themselves and standing before their Lord"? And does a private intention particularize a general لفظ (utterance/term) in this matter and others?
What is taken into consideration in divorce is the husband's intention. If, by 'sleeping,' he intended something, then divorce does not occur except upon its happening. His intention particularizes the general and generalizes the specific. So, if his oath was uttered in a manner different from what he intended, he does not break it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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