Does a divorce occur with the statement, "If you go to your parents' house, you are divorced," said with the intention of frightening and disciplining, if the wife had already reached her parents' house at the time the pronouncement was uttered without the husband's knowledge, and is an oral reconciliation valid in this case?
If a husband suspends his wife's divorce upon her going to her parents' house, and she was at her parents' house at the moment of the suspension, then if she leaves after hearing this suspension, the divorce does not occur. But if she remains in the house, the divorce occurs according to the majority of scholars, whether the husband intended to enact it or intended to threaten. Ibn Taymiyyah holds that it does not occur if he intended only to threaten.
If the divorce occurs and this is not the third divorce, the husband may take her back before the expiry of the (waiting period) by word or deed. If the iddah expires, a new contract is necessary because she becomes irrevocably separated from him and becomes a stranger to him. The wife must obey her husband and not leave without his permission unless there is a necessity. Both spouses must strive for the stability of their marital life, understanding, and mutual respect, and they should be cautious about rushing to solve problems through divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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