Does divorce occur if the husband says to his wife, "If you leave the house, you will be divorced," then follows it with a low voice, "before I drink the tea" or "if that happens before I drink the tea," and the wife leaves after drinking some of the cup of tea, but not all of it, with doubt about the sequence of the two phrases or the existence of a pause? Is this considered the suspension of divorce upon more than one condition? How many divorces have occurred? Is it permissible to adopt the fatwa of Ibn Taymiyyah that suspended divorce does not occur if the intention was to prevent, especially after the wife's مراجعه (review/reconsideration) and considering one divorce to have occurred according to the majority opinion?
The majority of scholars hold that if a husband makes his wife's divorce conditional upon a certain event, then the divorce occurs upon the fulfillment of that condition, whether the husband intended to effect the divorce or merely intended to threaten, emphasize, or prevent something. This is the predominant fatwa. Some scholars, like Ibn Taymiyyah, are of the view that the divorce does not occur if the husband did not intend to effect it, but rather intended to threaten, emphasize, or prevent something, and in such a case, an expiation for breaking an oath (kaffarat yamin) is required. As for specifying an oath with an exception, the majority of scholars stipulate that it must be connected to the oath; an exception made after the oath is complete is not valid. There is no blame upon someone who follows the opinion of Sheikh al-Islam Ibn Taymiyyah or other trustworthy scholars, as long as they are confident in his saying and not following their whims or selectively seeking dispensations.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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