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The question

Does divorce take effect if the spouses agree to separation should the husband fail to do a certain thing after the month of Sha'ban, and the husband does not fulfill the condition?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The condition placed upon the husband has two scenarios:

1. At the time of the marriage contract: Conditions that benefit the wife (such as not expelling her from her country or not taking another wife) are valid conditions. The correct view is that these conditions must be fulfilled. If the husband does not fulfill them, the wife has the right to seek a divorce and is entitled to all her rights. The wife may also waive this condition.

2. After the marriage contract: If the condition was stipulated after the completion of the contract, it is merely a promise from the husband that does not entail a judicial ruling. If he does not fulfill it, he may be rewarded for the benefit of the family. Sheikh al-Islam Ibn Taymiyyah and Sheikh Ibn Uthaymeen stated that a promise of divorce does not take effect, nor is it obligatory to fulfill it, nor is it recommended. Accordingly, divorce does not occur due to the husband's failure to adhere to the condition, and it is better for him not to fulfill his promise due to the harms that result from divorce.

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Ftawy
Original fatwa ID
10232
Imported
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