Back to search
The question

Does a divorce occur if the husband says: "By Allah, if you enter the house, you will be divorced from me," and the wife then enters the house?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If a husband frequently swears an oath of divorce, he is mocking the rulings of Allah, and this is a serious matter. The husband's statement, "Go to your father's house," is a كناية (allusion) of divorce, and divorce is effected by intention. His statement, "Go, and you are divorced," effects a single divorce if he did not intend divorce by "go"; otherwise, it effects two divorces. As for "You will no longer be under my marital bond," if he intended divorce by it, then it is one divorce. His statement, "If you enter the house, you remain divorced," results in divorce upon her entry according to the majority of scholars. A clear, explicit pronouncement is definitively a divorce, whereas allusions do not constitute divorce unless the husband intends it, and he is the one who determines the number of divorces.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
102194
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy