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The question

Does divorce occur if one swears to his wife using phrases that suspend divorce upon a certain condition, or is it an oath that only requires expiation? And does divorce occur by using the interrogative صيغة (form) "Are you divorced?" with the intention of inquiring, not of effecting divorce? If divorce occurs, what is the method of returning to a wife with whom consummation has not taken place?

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

If you conditioned your wife's divorce on her not apologizing to you before she arrived home, and she arrived without apologizing, then the divorce has occurred according to the majority of scholars, in contrast to Ibn Taymiyyah, who holds that only an expiation for breaking an oath is required if divorce was not intended. However, if you threatened her with divorce if she did not apologize, this is not a conditional divorce but a promise of divorce, and no divorce is necessitated by it. Your statement "Are you divorced?" in an interrogative form does not necessitate a divorce from you. And if the divorce occurred before consummation or legal seclusion, then she has become irrevocably separated from you with a minor separation.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
98491
Imported
Translation status
Source text, unreviewed
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