What is the ruling on retracting an oath of divorce that was conditioned upon performing an action, and is expiation necessary, knowing that the wife did not perform that action for fear of the divorce taking place?
Anger does not prevent the occurrence of divorce unless the husband was unconscious when uttering it. What you uttered is a conditional divorce that, according to the majority of jurists, cannot be retracted and takes effect upon the fulfillment of the condition. Ibn Taymiyyah, however, holds that it does not occur if the husband did not intend divorce but merely a threat. The issued is based on the opinion of the majority of jurists, and accordingly, the divorce takes place if the wife fulfills the condition. If the reason that led to the condition is removed, then the wife does not fulfill the condition by doing that thing. Both spouses should avoid anything that leads to problems and be deliberate and wise.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/170571
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 170571
- 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