Back to search
The question

Does divorce take effect if the husband takes my family or brings them, knowing that he swore an oath of divorce to that effect in a state of anger, and he explained his intention was to mean only that specific day?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The husband's statement: "I divorce my wife if I take my family or bring them [to my home]" is a conditional divorce. If he intended the divorce to occur upon the fulfillment of the condition, then the divorce takes effect according to the consensus of jurists. However, if he intended only a threat and did not intend divorce, then no divorce occurs, and he is obligated to offer an expiation for an oath (kaffarat yamin).

If the husband states that he did not intend divorce, then nothing takes effect, whether he took them on the same day or later. If he intended to effect the divorce and meant only that specific day, then there is nothing binding on him if he took them thereafter. We advise staying away from words of divorce due to the potential family disintegration that may result from them.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
12041
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy