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The question

Does a divorce occur with the statement, "If your brother books for you or takes you to the airport, you are divorced," knowing that the brother did indeed make the booking, and that the speaker did not intend divorce, and that he and his wife are expecting a newborn?

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

If a man says to his wife: "If your brother books for you or takes you to the airport, then you are divorced," and that happens, the majority of scholars are of the opinion that the divorce has occurred. In this case, either the husband took his wife back during her (waiting period) (and reconciliation occurs through cohabitation), which reduces one divorce from the number of permissible divorces for him, or he did not take her back until her iddah ended, in which case the relationship is not valid and he must renew the marriage contract. The child is attributed to him because he believed the relationship to be valid.

There is another opinion which considers this condition an oath () and not a divorce if his intention was to threaten and prevent. In this case, no divorce occurs, and he must pay an expiation for breaking an oath. It is advisable to consult a court.

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Where this answer came from
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Ftawy
Original fatwa ID
89870
Imported
Translation status
Source text, unreviewed
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