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Does a divorce conditioned with "neither day nor night" occur between the spouses, and what is the ruling on a wife refusing her husband's intimacy, and does a divorce occur if it is contingent upon the wife doing a specific thing?

1 min readAlso available in العربية

If the condition in the contract—"neither day nor night," meaning abstaining from intercourse with the wife—is a void condition because it contravenes the nature of the contract, and it is forbidden for the wife to refuse her husband's bed. As for a conditional divorce, it takes effect when the condition is met, according to the majority of scholars. However, Ibn Taymiyyah held that if the intention behind it was to encourage or prevent something, it does not constitute a divorce, and an expiation for breaking an oath (kaffarat yamin) is required. It is advisable to consult the Sharia court or knowledgeable scholars.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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