Does divorce take effect with the second utterance of "You are divorced" – which the husband repeated to his wife so that she would hear what she did not hear in the first utterance – even though his intention was not to effect a divorce?
The second phrase does not constitute a divorce; it is merely a repetition of the first. The divorce takes effect with the first conditional statement if the wife takes the money and does not acknowledge it to her husband. A conditional divorce, according to the majority of scholars, takes effect upon the fulfillment of the condition, whether the husband intended to enact the divorce or merely to threaten. This is in contrast to Ibn Taymiyyah, who holds that if the intention was to threaten or confirm, its ruling is that of an oath, obligating the husband to offer expiation for a broken oath, and no divorce occurs.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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